No. 57
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
99th Legislature
REGULAR SESSION OF 2018
House Chamber, Lansing, Wednesday, June 6, 2018.
1:30 p.m.
The House was called to order by Associate Speaker Pro Tempore Glenn.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Afendoulis—present Frederick—present Kelly—present Reilly—present
Albert—present Garcia—present Kesto—present Rendon—present
Alexander—present Garrett—present Kosowski—present Roberts—present
Allor—present Gay-Dagnogo—present LaFave—present Robinson—present
Barrett—present Geiss—present LaGrand—present Runestad—present
Bellino—present Glenn—present LaSata—present Sabo—present
Bizon—present Graves—present Lasinski—present Santana—present
Brann—present Green—present Lauwers—present Scott—present
Brinks—present Greig—present Leonard—present Sheppard—present
Byrd—present Greimel—present Leutheuser—present Singh—present
Calley—present Griffin—present Liberati—present Sneller—present
Cambensy—present Guerra—present Lilly—present Sowerby—present
Camilleri—present Hammoud—present Love—present Tedder—present
Canfield—present Hauck—present Lower—present Theis—present
Chang—present Hernandez—present Lucido—present VanderWall—present
Chatfield—present Hertel—present Marino—present VanSingel—present
Chirkun—present Hoadley—present Maturen—present Vaupel—present
Clemente—present Hoitenga—present McCready—present VerHeulen—present
Cochran—present Hornberger—present Miller—present Victory—present
Cole—present Howell—present Moss—present Webber—present
Cox—present Howrylak—present Neeley—present Wentworth—present
Crawford—present Hughes—present Noble—present Whiteford—present
Dianda—present Iden—present Pagan—present Wittenberg—present
Durhal—present Inman—present Pagel—present Yancey—present
Elder—present Johnson—present Peterson—present Yanez—present
Ellison—present Jones—present Phelps—present Yaroch—present
Faris—present Kahle—present Rabhi—present Zemke—present
Farrington—present
e/d/s = entered during session
Rep. Tim Kelly, from the 94th District, offered the following invocation:
“Heavenly Father, we come to You today to asking for Your guidance, wisdom, and support as we begin this legislative session. Help us to engage in meaningful discussion; allow us to grow closer as a group and nurture the bonds of community. Fill us with Your grace, Lord God, as we make decisions that will affect the citizens of the great state of Michigan. Continue to remind us that all that we do here today, is for the greater glory of You, and for the service of humanity. We ask these things in Your name, Amen.”
______
The Speaker assumed the Chair.
Motions and Resolutions
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 361.
A resolution of tribute offered as a memorial for George W. Mans.
Whereas, The members of this legislative body are saddened by the recent passing of George W. Mans, former member of the House of Representatives, who served the Twenty-third District for six years; and
Whereas, George Mans was a lifelong and deeply rooted resident of Trenton, Michigan. After completing his education in the Trenton Public Schools, he attended the University of Michigan where he not only earned a bachelor’s degree in history, but he also left an indelible mark in the annals of University of Michigan football as an All-Big Ten lineman and team captain. He later contributed his football knowledge and expertise as a coach for the University of Michigan, Eastern Michigan University, and Michigan Technological University; and
Whereas, George Mans’ career as an elected official began with his tenure as a member of the Trenton Board of Education and later as Mayor of Trenton. In 1996, he was elected to the House of Representatives where he served for three terms and worked on committees concerning corrections, local government, transportation, public retirement, and veteran’s affairs. Furthermore, he sponsored a host of bills that were enacted into law dealing with elections, education, and health; and
Whereas, George Mans impacted many lives within his sphere of influence. He leaves behind a loving wife, four children, and two grandchildren. As a business owner, public official, football coach, and overall stellar individual, George Mans’ life and contributions will long be remembered; now, therefore, be it
Resolved by the House of Representatives, That we offer this expression of our highest regard in memory of George W. Mans, a distinguished member of this legislative body from 1996-2002; and be it further
Resolved, That copies of this resolution be transmitted to the Mans family as evidence of our lasting esteem for his memory.
The question being on the adoption of the resolution
The resolution was adopted by unanimous standing vote.
Messages from the Senate
Senate Concurrent Resolution No. 34.
A concurrent resolution of tribute offered as a memorial for Raymond D. Dzendzel, former member of the House of Representatives and the Senate.
Whereas, It is with great sadness that the members of the Michigan Legislature learned of the passing of Raymond Dzendzel. He was a strong advocate for the people of northwest Detroit and northern Wayne County during his 16 years in the House of Representatives and the Senate; and
Whereas, Raymond Dzendzel was a public servant long before he arrived in Lansing. After graduating from Redford High School, he joined the United States Coast Guard and served in the north Atlantic during World War II. He returned home after the war and earned a bachelor’s degree from the Detroit Institute of Technology, working as a carpenter and business representative for his carpenters’ union before being elected to the House of Representatives in 1954; and
Whereas, During his two terms in the House, Raymond Dzendzel drew on his experience in the Coast Guard, serving on the Michigan Veterans’ Facility and Military and Veterans’ Affairs committees. He was also a member of the House committees related to constitutional amendments and apportionment. Raymond Dzendzel served on numerous committees in the Senate after his election to that chamber in 1958, including committees covering elections, insurance, interstate cooperation, judiciary, labor, senate business, and veterans’ affairs. He also served on the Legislative Council and was the chairman of the Corporations Committee and the Committee on Committees; and
Whereas, Raymond Dzendzel took on leadership positions during his tenure in the Senate. Most notably, he was his party’s leader from December 1963 to January 1969, serving as the Majority Leader during the 1965-1966 session, reflecting the trust and respect he had earned from his colleagues. During his time in the Legislature, he devoted his efforts to many different issues that mattered to his constituents. He worked on education, public safety, seniors, and veterans’ issues, but was most known for his efforts on labor, including the creation of the Construction Safety Commission and Board of Residential Contractors; and
Whereas, Raymond Dzendzel enjoyed a long and happy retirement after leaving Lansing in 1970. He spent time with his family and remained active in the community, including serving as a member of the board of directors for Botsford Hospital; and
Whereas, Raymond Dzendzel was an honorable and committed public servant. Upon his passing, we offer our condolences to his family and friends. We hope that they may find comfort in the knowledge that the community as a whole shares in their bereavement, and that the legacy of Raymond Dzendzel’s contributions will long continue to enrich our state; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we offer this expression of our highest tribute to honor the memory of Raymond D. Dzendzel, a member of the House of Representatives from 1955 to 1958 and the Senate from 1959 to 1970; and be it further
Resolved, That copies of this resolution be transmitted to the Dzendzel family as evidence of our lasting esteem for his memory.
The Senate has adopted the concurrent resolution.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted by unanimous standing vote.
______
The Speaker called the Speaker Pro Tempore to the Chair.
Second Reading of Bills
INITIATIVE PETITION
An initiation of legislation to repeal 1965 PA 166, entitled “An act to require prevailing wages and fringe benefits on state projects; to establish the requirements and responsibilities of contracting agents and bidders; to prescribe penalties,” (MCL 408.551 to 408.558); and to provide for an appropriation for related purposes.
The Initiative Petition was read a second time.
Rep. Lauwers moved that the Initiative Petition be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Lauwers moved that the Initiative Petition be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
INITIATIVE PETITION
An initiation of legislation to repeal 1965 PA 166, entitled “An act to require prevailing wages and fringe benefits on state projects; to establish the requirements and responsibilities of contracting agents and bidders; to prescribe penalties,” (MCL 408.551 to 408.558); and to provide for an appropriation for related purposes.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 453 Yeas—56
Afendoulis Frederick Kelly Pagel
Albert Garcia Kesto Reilly
Alexander Glenn LaFave Rendon
Allor Graves LaSata Runestad
Barrett Griffin Lauwers Tedder
Bizon Hauck Leonard Theis
Brann Hernandez Leutheuser VanderWall
Calley Hoitenga Lilly VanSingel
Canfield Hornberger Lower Vaupel
Chatfield Hughes Lucido VerHeulen
Cole Iden Maturen Victory
Cox Inman McCready Webber
Crawford Johnson Miller Wentworth
Farrington Kahle Noble Whiteford
Nays—53
Bellino Garrett Kosowski Robinson
Brinks Gay-Dagnogo LaGrand Sabo
Byrd Geiss Lasinski Santana
Cambensy Green Liberati Scott
Camilleri Greig Love Sheppard
Chang Greimel Marino Singh
Chirkun Guerra Moss Sneller
Clemente Hammoud Neeley Sowerby
Cochran Hertel Pagan Wittenberg
Dianda Hoadley Peterson Yancey
Durhal Howell Phelps Yanez
Elder Howrylak Rabhi Yaroch
Ellison Jones Roberts Zemke
Faris
In The Chair: Chatfield
Rep. Lauwers moved that the Initiative Petition be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Initiative Petition was referred to the Clerk for depositing with the Secretary of State.
______
Reps. Phelps, Cochran, Yanez, Pagan, Hoadley, Wittenberg and Greimel, having reserved the right to explain their protest against the passage of the Initiative Petition, made the following statement:
“Mr. Speaker and members of the House:
I voted no on repealing Michigan’s prevailing wage law to ensure that the men and women who work hard every day to fix our roads and build our bridges and schools are paid a fair wage that recognizes their value. At a time when working families are struggling to get ahead, this initiative will further undercut Michigan’s strong skilled labor force by flooding the state with low-skill, inexperienced, out-of-state workers simply to pad the profits of a few contractors. This proposal pretended to offer savings to taxpayers, but numerous independent studies from Indiana and Wisconsin have shown that claim to be false. Instead, a repeal of the prevailing wage will increase costs to taxpayers, as important construction projects take longer to complete with low-skill labor. As our state faces an infrastructure emergency, and our skilled worker shortage threatens to become a crisis, I could note responsibly support a proposal that will assuredly result in more expensive but lower quality construction projects while doing nothing to fix the pressing problems our state is facing.”
Rep. Green, having reserved the right to explain his protest against the passage of the Initiative Petition, made the following statement:
“Mr. Speaker and members of the House:
No Vote Explanation on PWage Initiative Petition Passage
I voted no on repealing Michigan’s prevailing wage law to ensure that the men and women who work hard every day to fix our roads and build our bridges and schools are paid a fair wage that recognizes their value. At a time when working families are struggling to get ahead, this initiative will further undercut Michigan’s strong skilled labor force by flooding the state with low-skill, inexperienced, out-of-state workers simply to pad the profits of a few contractors. This proposal pretended to offer savings to taxpayers, but numerous independent studies from Indiana and Wisconsin have shown that claim to be false. Instead, a repeal of the prevailing wage will increase costs to taxpayers, as important construction projects take longer to complete with low-skill labor. As our state faces an infrastructure emergency, and our skilled worker shortage threatens to become a crisis, I could note responsibly support a proposal that will assuredly result in more expensive but lower quality construction projects while doing nothing to fix the pressing problems our state is facing.”
Rep. Chang, having reserved the right to explain her protest against the passage of the Initiative Petition, made the following statement:
“Mr. Speaker and members of the House:
I oppose this proposal, and one need only visit my Detroit and Downriver district to understand why. Michigan’s prevailing wage law ensures that our publicly financed buildings, roads, bridges and utilities are constructed using highly skilled and trained workers who are paid the regional average for their trade. The law doesn’t artificially inflate wages or the cost of construction and doesn’t force workers to be union members. It just ensures that the people building our infrastructure earn a fair wage and benefits, and that their pay reflects their level of training. The law keeps skilled tradespeople and their families here in Michigan, where they participate in the economy and pay taxes.
Michigan created the middle class, and I am seriously concerned when the middle class is threatened by the potential slashing of wages and benefits for our hardworking friends, neighbors and family members.
Mistakes happen when inexperienced, lesser-trained workers do the work. For example, there is courthouse in a community outside of Detroit that took 21 months to complete — far longer than the six months anticipated. From the noisy HVAC system that prevented judges from being able to hear proceedings to the counter windows missing holes for clerks to speak through, the shoddy work increased project costs tremendously.
Lowering wages reduces job productivity and lengthens the project schedule. A study of highway and bridge work in 10 states found that high-wage workers built 74.4 more miles of roadbed and 32.8 more miles of bridges for $557 million less, compared to low-wage workers. Better and more efficient work for less money sounds like a good idea to me.
In fact, it sounds a lot like what those trying to repeal the prevailing wage law say they are trying to achieve, but do not be fooled. They are trying to put us on roads built using the cheapest means possible.
As a legislator representing Detroit and Downriver communities, I frequently drive I-75. Since last spring, like everyone else, I have been detoured and delayed because of the replacement of the I-75 Rouge River Bridge, so I eagerly anticipate its completion. But would I be excited if the workers building that bridge were low-skill, untrained workers, hired by a contractor who low-balled the bid by hiring barely trained laborers? Would you?
Without prevailing wage laws in place, contractors can import cheap labor from other states or countries. Do we want someone driving a steamroller to pave our roads with little formal training? And who do we want installing the window at our children’s new schools — with what pay and experience? The problems that a prevailing wage repeal would create jeopardize the safety of major projects, their workers and everyone on the job site, not to mention future users of the new construction.”
Rep. Yaroch, having reserved the right to explain his protest against the passage of the Initiative Petition, made the following statement:
“Mr. Speaker and members of the House:
As a constitutional conservative, I believe an initiative petition brought to the Legislature by the People should be voted on by the People. For that reason, I vote ‘no’ in order to allow the People to decide prevailing wage at the polls in November.”
Rep. Geiss, having reserved the right to explain her protest against the passage of the Initiative Petition, made the following statement:
“Mr. Speaker and members of the House:
I voted no on repealing Michigan’s Prevailing Wage law to ensure that the men and women who work hard every day to fix our roads and build our bridges and schools and other infrastructure are paid a fair wage that recognizes their value. At a time when working families are struggling to get ahead, this initiative will further undercut Michigan’s strong skilled labor force by flooding the state with low-skill, inexperienced, out-of-state workers simply to pad the profits of a few contractors. This proposal pretended to offer savings to taxpayers, but numerous independent studies from Indiana and Wisconsin have shown that claim to be false. Instead, a repeal of the prevailing wage will increase costs to taxpayers, as important construction projects take longer to complete with low-skill labor. As our state faces an infrastructure emergency, and our skilled worker shortage threatens to become a crisis, I could not possibly responsibly support a proposal that will assuredly result in more expensive but lower quality construction projects while doing nothing to fix the pressing problems our state is facing. Further repealing the Prevailing Wage hurts the working people of our state by taking money out of their pockets, households and local economies.
The work that our skilled tradesmen and tradeswomen do is just that—*highly skilled*—and voting to reduce their wages through a repeal of the Prevailing Wage is just plain WRONG.
At a time when we have serious needs to repair and replace our aging and failing infrastructure (roads, bridges, pipe systems and more) and at a time when we’re trying to urge students to seriously consider and go into the well-paid professions of the skilled trades, we SHOULD NOT be ripping the rug out from underneath these current and future workers. The skilled trades helped build this state and the communities in it.
I stand with the workers, with the skilled tradesmen and tradeswomen of my district and the state and voted NO on the question of repealing the prevailing wage that was before the legislature today. That this ill-gained ballot initiative passed disgusts me.”
Rep. Love, having reserved the right to explain her protest against the passage of the Initiative Petition, made the following statement:
“Mr. Speaker and members of the House:
The repeal of Prevailing Wage is an act of obscene hypocrisy! As a legislator who serves on the Michigan S.T.E.M. Council and on the Workforce and Talent Development Committee for two terms, I am outraged by the hypocrisy displayed by my Republican colleagues. It is amazing to me that as a State we’ve invested in trade school programs and education to develop the skilled trade professions, yet we are divesting from people’s income opportunity. We have increased access, opportunities and affordability to careers in the skilled trades, yet this repeal contradicts that effort by taking away (and de-incentivizing) the ability to earn a livable wage. This legislation is an affront against local working people who trust us to be stewards of their interest
The fact is we have already seen the negative effects of getting rid of prevailing wage 20 years ago when it was briefly suspended. It led to poor craftsmanship, less-qualified, less-productive workers, and it decreased workplace safety. Even REPUBLICAN State Representative Ed Soliday from our neighboring state of Indiana said ‘[Repealing prevailing wage] hasn’t saved us a penny! When you have the common construction wage, you hire local people and they spend their money locally. When you go out-of-state and so forth, and just chase price instead of the overall macroeconomic contribution, you wind up weakening your own community.’
Numerous studies confirm that lower wages for skilled laborers don’t actually drive down costs of construction, but can actually increase them. US Department of Labor statistics show the impact of our neighbor’s decision to repeal prevailing wage, and they found that Hoosiers working in the construction industry are earning less than they were before, with no meaningful cost savings for Indiana taxpayers.”
Rep. Santana, having reserved the right to explain her protest against the passage of the Initiative Petition, made the following statement:
“Mr. Speaker and members of the House:
No Vote Explanation on PWage Initiative Petition Immediate Effect
Pursuant to Rule 31, I hereby protest granting immediate effect to the initiative petition repealing 1965 PA 166, which requires prevailing wages and fringe benefits on state projects. Despite the presiding officer’s declaration to the contrary, it is without question that the motion for immediate effect was not supported by the two-thirds vote required by Article IV, Section 27 of the Michigan Constitution and House Rule 52.
The People of Michigan, by adopting the Michigan Constitution of 1963, have imposed on this legislature a requirement that ‘[n]o act shall take effect until the expiration of 90 days from the end of the session at which it was passed.’ Const. 1963, Art. IV, § 27. The Constitution further provides that ‘the legislature may give immediate effect to acts by a two-thirds vote of the members elected to and serving in each house.’ The extraordinary vote requirement for immediate effect is a mandate, not a suggestion. The Members of this House and the presiding officer have a clear legal duty to adhere to this requirement.
Forty-six Members of this chamber timely requested a roll call vote of the ayes and nays on immediate effect, both orally and via a written petition submitted to the presiding officer and the Clerk of the House of Representatives. In addition, the petition gave notice to the presiding officer that each signatory intended to vote ‘no’ on the motion for immediate effect. I must note that the presiding officer’s refusal to recognize a proper request that the vote on immediate effect be taken by a roll call vote of the ayes and nays was a clear violation of Article 4, Section 18 of the Michigan Constitution and Rule 12. More importantly, with forty-six Members of this chamber having given notice of their intention to vote no on the immediate effect motion, it is evident that the motion lacked the required two-thirds vote. As such, the presiding officer’s declaration that the Initiative petition was granted immediate effect is a violation of both the Michigan Constitution and the Rules of this House.
The People of Michigan have clearly established a procedure that this House is to follow when taking legislative action. The presiding officer and this chamber failed to follow the required procedure today. I protest their wrongful action and this ‘vote’ in the strongest possible terms.”
Reps. Dianda and Byrd, having reserved the right to explain their protest against the passage of the Initiative Petition, made the following statement:
“Mr. Speaker and members of the House:
No Vote Explanation on PWage Initiative Petition Immediate Effect
I protest the presiding officer’s violations of both the Rules of the House and the Michigan Constitution during the conduct of the vote on passing and approving immediate effect for the initiative petition repealing 1965 PA 166, which requires prevailing wages and fringe benefits on state projects. Despite the presiding officer’s declaration to the contrary, it is without question that the motion for immediate effect was not supported by the two-thirds vote required by Article IV, Section 27 of the Michigan Constitution and House Rule 52. Moreover, the presiding officer refused to acknowledge and address timely points of order and appeals from numerous members of the House.
The People of Michigan, by adopting the Michigan Constitution of 1963, have imposed on this legislature a requirement that ‘[n]o act shall take effect until the expiration of 90 days from the end of the session at which it was passed.’ Const. 1963, Art. IV, § 27. The Constitution further provides that ‘the legislature may give immediate effect to acts by a two-thirds vote of the members elected to and serving in each house.’ The extraordinary vote requirement for immediate effect is a mandate, not a suggestion. The Members of this House and the presiding officer have a clear legal duty to adhere to this requirement.
Forty-six Members of this chamber timely requested a roll call vote of the ayes and nays on immediate effect, both orally and via a written petition submitted to the presiding officer and the Clerk of the House of Representatives. In addition, the petition gave notice to the presiding officer that each signatory intended to vote ‘no’ on the motion for immediate effect. I must note that the presiding officer’s refusal to recognize a proper request that the vote on immediate effect be taken by a roll call vote of the ayes and nays was a clear violation of Article 4, Section 18 of the Michigan Constitution and Rule 12. More importantly, with forty-six Members of this chamber having given notice of their intention to vote no on the immediate effect motion, it is evident that the motion lacked the required two-thirds vote. As such, the presiding officer’s declaration that the Initiative petition was granted immediate effect is a violation of both the Michigan Constitution and the Rules of this House.’
The People of Michigan have clearly established a procedure that this House is to follow when taking legislative action. The presiding officer and this chamber failed to follow the required procedure today. I protest their wrongful action and this ‘vote’ in the strongest possible terms. The conduct of the presiding officer and this chamber today is unlawful.”
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Appropriations, by Rep. Cox, Chair, reported
Senate Bill No. 897, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding sections 107a and 107b.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Cox, VerHeulen, Kelly, Pagel, Victory, Afendoulis, Bizon, Canfield, Inman, Miller, Allor, Brann, Hernandez, LaSata, Marino, VanSingel and Whiteford
Nays: Reps. Durhal, Cochran, Kosowski, Yanez, Hoadley, Pagan, LaGrand, Peterson, Rabhi and Santana
Second Reading of Bills
Senate Bill No. 897, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding sections 107a and 107b.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Appropriations,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Rabhi moved to amend the bill as follows:
1. Amend page 27, line 18, after the first “OF” by striking out “80” and inserting “ZERO”.
2. Amend page 30, line 8, after the first “OF” by striking out “80” and inserting “ZERO”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Hoadley moved to amend the bill as follows:
1. Amend page 27, line 18, after the second “OF” by inserting “SCHEDULED”.
2. Amend page 30, line 8, after the second “OF” by inserting “SCHEDULED”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Pagan moved to amend the bill as follows:
1. Amend page 28, line 26, after “OF” by striking out “6” and inserting “18”.
2. Amend page 31, line 16, after “OF” by striking out “6” and inserting “18”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Cochran moved to amend the bill as follows:
1. Amend page 25, line 6, after “TO” by striking out “62” and inserting “50”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Pagan moved to amend the bill as follows:
1. Amend page 35, following line 2, by inserting:
“Enacting section 2. This amendatory act does not take effect unless House Bill No. 5247 of the 99th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Faris moved to amend the bill as follows:
1. Amend page 30, following line 3, by inserting:
“(xiii) A RECIPIENT WHO IS HOMELESS.”.
2. Amend page 32, following line 20, by inserting:
“(xiii) A RECIPIENT WHO IS HOMELESS.”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Pagan moved to amend the bill as follows:
1. Amend page 35, following line 2, by inserting:
“Enacting section 2. This amendatory act does not take effect unless House Bill No. 4803 of the 99th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Durhal moved to amend the bill as follows:
1. Amend page 17, line 21, by striking out all of subsection (22) and renumbering the remaining subsections.
2. Amend page 18, line 22, by striking out all of subsections (23), (24), and (25) and renumbering the remaining subsections.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Durhal moved to amend the bill as follows:
1. Amend page 32, line 25, after “SECTION.” by inserting “THE DEPARTMENT SHALL NOT PROHIBIT A RECIPIENT FROM RECEIVING MEDICAL ASSISTANCE UNTIL AFTER THE DEPARTMENT HAS SCREENED THE RECIPIENT FOR A POSSIBLE EXEMPTION FROM THE WORKFORCE ENGAGEMENT REQUIREMENTS OF THIS SECTION AND HAS PROVIDED THE SERVICES DESCRIBED IN THIS SUBSECTION TO OVERCOME ANY IDENTIFIED BARRIER TO EMPLOYMENT FOR THAT RECIPIENT.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. LaGrand moved to amend the bill as follows:
1. Amend page 30, following line 3, by inserting:
“(xiii) A RECIPIENT WHO HAS RECEIVED AN AXIS I OR AXIS II DIAGNOSIS FROM A MENTAL HEALTH PROFESSIONAL.”.
2. Amend page 32, following line 20, by inserting:
“(xiii) A RECIPIENT WHO HAS RECEIVED AN AXIS I OR AXIS II DIAGNOSIS FROM A MENTAL HEALTH PROFESSIONAL.”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Chatfield moved to amend the bill as follows:
1. Amend page 22, line 8, after “legislature.” by inserting “THE CALCULATION OF ANNUAL STATE AND OTHER NONFEDERAL NET SAVINGS SHALL BE PUBLISHED ANNUALLY ON JANUARY 15 BY THE STATE BUDGET OFFICE. IF THE ANNUAL STATE SAVINGS AND OTHER NONFEDERAL NET SAVINGS ARE NOT SUFFICIENT TO COVER THE REDUCED FEDERAL MATCH, MEDICAL COVERAGE FOR INDIVIDUALS DESCRIBED IN SUBSECTION (1)(A) SHALL REMAIN IN EFFECT UNTIL THE END OF THE FISCAL YEAR IN WHICH THE CALCULATION DESCRIBED IN THIS SUBDIVISION IS PUBLISHED BY THE STATE BUDGET OFFICE.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Lauwers moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Lauwers moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 897, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding sections 107a and 107b.
The bill was read a third time.
The question being on the passage of the bill,
After debate,
Rep. Glenn demanded the previous question.
The demand was supported.
The question being, “Shall the main question now be put?”
The previous question was ordered.
The question being on the passage of the bill,
Point of Order
Rep. Singh requested a ruling of the Chair on why the previous question was ordered when there is not a Call of the House.
The Chair ruled that a Call of the House may be in order for previous question, but is not required.
Rep. Singh appealed the decision of the Chair.
The question being, “Shall the judgment of the Chair stand as the judgment of the House?”
The judgment of the Chair stood as the judgment of the House, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 454 Yeas—63
Afendoulis Garcia Kesto Rendon
Albert Glenn LaFave Roberts
Alexander Graves LaSata Runestad
Allor Griffin Lauwers Sheppard
Barrett Hauck Leonard Tedder
Bellino Hernandez Leutheuser Theis
Bizon Hoitenga Lilly VanderWall
Brann Hornberger Lower VanSingel
Calley Howell Lucido Vaupel
Canfield Howrylak Marino VerHeulen
Chatfield Hughes Maturen Victory
Cole Iden McCready Webber
Cox Inman Miller Wentworth
Crawford Johnson Noble Whiteford
Farrington Kahle Pagel Yaroch
Frederick Kelly Reilly
Nays—40
Brinks Ellison Jones Rabhi
Byrd Faris Kosowski Robinson
Cambensy Garrett LaGrand Sabo
Camilleri Gay-Dagnogo Lasinski Scott
Chirkun Green Liberati Singh
Clemente Greig Moss Sneller
Cochran Greimel Neeley Sowerby
Dianda Hammoud Pagan Wittenberg
Durhal Hertel Peterson Yanez
Elder Hoadley Phelps Zemke
In The Chair: Chatfield
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 455 Yeas—62
Afendoulis Garcia LaFave Rendon
Albert Glenn LaSata Roberts
Alexander Graves Lauwers Runestad
Allor Griffin Leonard Sheppard
Barrett Hauck Leutheuser Tedder
Bellino Hernandez Lilly Theis
Bizon Hoitenga Lower VanderWall
Brann Hornberger Lucido VanSingel
Calley Howell Marino Vaupel
Canfield Hughes Maturen VerHeulen
Chatfield Iden McCready Victory
Cole Inman Miller Webber
Cox Johnson Noble Wentworth
Crawford Kahle Pagel Whiteford
Farrington Kelly Reilly Yaroch
Frederick Kesto
Nays—47
Brinks Faris Jones Robinson
Byrd Garrett Kosowski Sabo
Cambensy Gay-Dagnogo LaGrand Santana
Camilleri Geiss Lasinski Scott
Chang Green Liberati Singh
Chirkun Greig Love Sneller
Clemente Greimel Moss Sowerby
Cochran Guerra Neeley Wittenberg
Dianda Hammoud Pagan Yancey
Durhal Hertel Peterson Yanez
Elder Hoadley Phelps Zemke
Ellison Howrylak Rabhi
In The Chair: Chatfield
The question being on agreeing to the title of the bill,
Rep. Lauwers moved to amend the title to read as follows:
A bill to amend 1939 PA 280, entitled “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,” by amending section 105d (MCL 400.105d), as added by 2013 PA 107, and by adding sections 107a and 107b.
The motion prevailed.
The House agreed to the title as amended.
Rep. Lauwers moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Howrylak, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
This is a convoluted bill that will unleash a chaotic bureaucratic mess through the Department. It is bad for taxpayers and will cost tens of millions of dollars to establish and set up this bureaucratic framework. I strongly oppose this bill as incredibly bad public policy, especially when people in need of healthcare can simply bypass this mess and walk into an emergency room and receive treatment. Such treatment will be uncompensated and cost the system. The unintended consequences of this bill will oddly be higher costs and unhealthier outcomes. While I understand the reasons of the bill sponsor for introducing this bill, and have great respect for him, I am confident that there will be unintended consequences that will negatively impact the state.”
Senate Bill No. 816, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2016 PA 184.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 456 Yeas—105
Afendoulis Farrington Kahle Phelps
Albert Frederick Kelly Rendon
Alexander Garcia Kesto Roberts
Allor Garrett Kosowski Robinson
Barrett Gay-Dagnogo LaFave Runestad
Bellino Geiss LaGrand Sabo
Bizon Glenn LaSata Santana
Brann Graves Lasinski Scott
Brinks Green Lauwers Sheppard
Byrd Greig Leonard Singh
Calley Greimel Leutheuser Sneller
Cambensy Griffin Liberati Sowerby
Camilleri Guerra Lilly Tedder
Canfield Hammoud Love Theis
Chang Hauck Lower VanderWall
Chatfield Hernandez Lucido Vaupel
Chirkun Hertel Marino VerHeulen
Clemente Hoadley Maturen Victory
Cochran Hoitenga McCready Webber
Cole Hornberger Miller Wentworth
Cox Howell Moss Whiteford
Crawford Howrylak Neeley Wittenberg
Dianda Hughes Noble Yancey
Durhal Iden Pagan Yanez
Elder Inman Pagel Yaroch
Ellison Jones Peterson Zemke
Faris
Nays—3
Johnson Reilly VanSingel
In The Chair: Chatfield
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,”
The House agreed to the full title.
Rep. Lauwers moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Glenn to the Chair.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Hauck, Hernandez, Hoadley, Howrylak, Kelly, Phelps and Sneller offered the following resolution:
House Resolution No. 362.
A resolution to declare June 11-17, 2018, as Men’s Health Week and June 15, 2018, as Blue Day in the state of Michigan.
Whereas, The top causes of death in American men are heart disease at 23.4 percent and cancer at 22 percent and 1 in 9 American men will be diagnosed with prostate cancer in their lifetime; and
Whereas, More than half of all premature deaths among American men are preventable and only 30 percent of men’s health factors are genetic, while 70 percent are environmental; and
Whereas, Men have a higher death rate than women for the most leading causes of death including cancer, heart disease, diabetes, and suicide; and
Whereas, The purpose of Men’s Health Week is to heighten the awareness of preventable health problems and encourage early detection and treatment of disease among men and boys; and
Whereas, This week gives health care providers, public policy makers, the media, and all individuals an opportunity to encourage men and boys to seek regular medical advice and early treatment for disease and injury; and
Whereas, As part of Blue Day, men, women, and children who wish to support the men in their lives are encouraged to dress in blue, and men are encouraged to plan exercise or a healthful activity to be a part of that day; and
Whereas, Businesses, corporations, and community organizations are encouraged to embrace Blue Day as part of their culture, joining employees together to support the cause promoted using the social media hashtag #ShowUsYourBlue; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare June 11-17, 2018, as Men’s Health Week and June 15, 2018, as Blue Day in the state of Michigan. We strongly urge all citizens to increase their knowledge of men’s health issues as well as disease and injury prevention.
The question being on the adoption of the resolution,
Rep. Hauck moved to substitute (H-1) the resolution as follows:
Substitute for House Resolution No. 362.
A resolution to declare June 11-17, 2018, as Men’s Health Week and June 15, 2018, as Blue Day in the state of Michigan.
Whereas, The top causes of death in American men are heart disease at 24 percent and cancer at 23 percent and 1 in 9 American men will be diagnosed with prostate cancer in their lifetime; and
Whereas, Men have a higher death rate than women for the most leading causes of death including cancer, heart disease, diabetes, and suicide; and
Whereas, The purpose of Men’s Health Week is to heighten the awareness of preventable health problems and encourage early detection and treatment of disease among men and boys; and
Whereas, This week gives health care providers, public policy makers, the media, and all individuals an opportunity to encourage men and boys to seek regular medical advice and early treatment for disease and injury; and
Whereas, As part of Blue Day, men, women, and children who wish to support the men in their lives are encouraged to dress in blue, and men are encouraged to plan exercise or a healthful activity to be a part of that day; and
Whereas, Businesses, corporations, and community organizations are encouraged to embrace Blue Day as part of their culture, joining employees together to support the cause promoted using the social media hashtag #ShowUsYourBlue; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare June 11-17, 2018, as Men’s Health Week and June 15, 2018, as Blue Day in the state of Michigan. We strongly urge all citizens to increase their knowledge of men’s health issues as well as disease and injury prevention.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Rep. Miller offered the following resolution:
House Resolution No. 363.
A resolution to encourage the Governor to appoint Lois J. Cross-Hart of the village of Cassopolis as Poet Laureate of the state of Michigan.
Whereas, Poetry is an important art form with a rich historical tradition. Composed with great creativity, poetry is expressive writing that evokes emotion and communicates meaning. Simply put, poetry is writing that moves us in many ways; and
Whereas, The appointment of a poet laureate will encourage a greater appreciation for the reading and writing of poetry by the people of Michigan and can help with our state’s child literacy problem. Appointing a poet laureate is also an opportunity to honor a poet who has made significant cultural contributions to our state; and
Whereas, Lois J. Cross-Hart is a talented and prolific poet and a lifelong resident of Michigan. She was designated as the Cass County Poet Laureate in March 2012 by the Cass County Board of Commissioners. She has written thousands of poems, and her work has a broad appeal reflective of her Michigan roots and diverse background. She is well suited to be recognized as our state’s official poet; now, therefore, be it
Resolved by the House of Representatives, That we encourage the Governor to appoint Lois J. Cross-Hart of the village of Cassopolis as Poet Laureate of the state of Michigan; and be it further
Resolved, That copies of this resolution be transmitted to the Governor and Lois J. Cross-Hart.
The resolution was referred to the Committee on Workforce and Talent Development.
Reps. Frederick, Barrett, LaFave, Faris, Hoadley, Howrylak, Kelly, Love, Phelps, Rendon and Sneller offered the following resolution:
House Resolution No. 364.
A resolution to declare June 6, 2018, as Dairy Foods Awareness Day in the state of Michigan.
Whereas, Michigan’s dairy industry is a leading segment of Michigan agriculture, contributing $15.7 billion to the state’s economy annually. These dollars employ local veterinarians, equipment dealers, and farm employees all providing jobs for Michigan. A dollar spent locally generates twice as much income for the local economy. Dairy represented over 20 percent of the total cash receipts for Michigan’s agriculture industry in 2016; and
Whereas, Michigan has 426,000 dairy cows today versus 304,000 in 2000. Ninety-eight percent of Michigan dairy farms are family owned, many by multiple generations of the same family. The average dairy herd in Michigan has 187 cows. Just like businesses grow to support more families, herd sizes increase to allow the next generation to continue farming; and
Whereas, Michigan ranked 6th nationally in dairy production in 2017. Dairy cows in Michigan produced approximately 11.2 billion pounds of milk and the average Michigan cow produces approximately 26,302 pounds of milk each year; and
Whereas, Michigan milk is local. Over 1500 Grade A dairy farms produce more than enough milk to supply the entire state. Surplus milk is exported to help meet demand in other states. In supermarkets and local farmers markets, you can find milk, cheese, and yogurt produced by Michigan dairy farmers. When you buy Michigan dairy products, you not only buy local and support area farmers you buy quality. To check where your milk is bottled look for the code. Every container of milk is identified by a 5-digit code and the code includes a 2-digit state code followed by a 3-digit processing plant code. Michigan’s code is 26. Only 1.7 percent of the U.S. population produces food for the other 99 percent plus millions worldwide and only a fraction of that produces dairy; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare June 6, 2018, as Dairy Foods Awareness Day in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Allor, LaFave, Rendon, Howell, Afendoulis, Barrett, Brann, Brinks, Chang, Cole, Ellison, Faris, Frederick, Greig, Griffin, Hoadley, Hughes, Kahle, LaSata, Leutheuser, Lower, Lucido, Marino, Moss, Neeley, Pagan, Peterson, Sheppard, Singh, Sneller, Tedder, VanderWall, Webber, Wentworth and Whiteford offered the following concurrent resolution:
House Concurrent Resolution No. 24.
A concurrent resolution to request the federal government release the draft toxicological profile on PFAS, develop a national environmental limit for PFAS, and increase coordination and funding support.
Whereas, Perfluoroalkyl and polyfluoroalkyl substances (PFAS) found in groundwater are a growing concern in Michigan and across the country. To date, certain PFAS have been detected in the water at 15 locations, including 30 individual sites, across the state of Michigan. Nearly half of the other states also have sites where PFAS have been found; and
Whereas, The state of Michigan has been a national leader in efforts to identify the scope of this problem through the establishment of the Michigan PFAS Action Response Team (MPART) to develop a response strategy using a cooperative approach that coordinates efforts among 10 state departments, local governmental units, and federal and local agencies to address PFAS contamination; and
Whereas, Understanding the risks posed by PFAS based on the most current science is critical to protecting the health of Michigan residents, through increased focus on human data collection and analyses. New research must be conducted and incorporated into our response, including the development of a national standard for exposure that protects the public health; and
Whereas, A draft scientific assessment prepared by the federal Agency for Toxic Substances and Disease Registry (ATSDR) has not been released to the public for comment and is purported to contain information that indicates infants, breastfeeding mothers, and other sensitive populations may be at risk from exposure to certain PFAS at levels lower than what was previously and currently thought; and
Whereas, It is essential the federal government remain transparent in its deliberations on this issue to maintain public trust and protect the public health. Release of the draft assessment will ensure it receives the broadest review from experts across the country so that it may accurately inform decisions at the federal, state, and local level; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we request the federal government release the draft toxicological profile prepared by the Agency for Toxic Substances and Disease Registry on PFAS; and be it further
Resolved, That we urge the federal government to ensure states receive the necessary funding to carry out efforts needed to protect the public health and to follow Michigan’s example and increase coordination of federal agencies working on this issue to ensure the most effective response; and be it further
Resolved, That we urge the United States Environmental Protection Agency to establish a national, uniform, enforceable limit for PFAS in the environment; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States, the United States Secretary of Health and Human Services, the Director of the Agency for Toxic Substances and Disease Registry, the Administrator of the United States Environmental Protection Agency, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
______
Rep. Lauwers moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, June 5:
House Bill Nos. 6094 6095 6096 6097 6098 6099 6100 6101 6102 6103 6104 6105 6106
The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, June 6:
Senate Bill Nos. 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053
The Clerk announced that the following Senate bills had been received on Wednesday, June 6:
Senate Bill Nos. 664 962 963 996 997 998 999 1036
Reports of Select Committees
First Conference Report
The Committee of Conference on the matters of difference between the two Houses concerning
House Bill No. 5574, entitled
A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
Recommends:
First: That the Senate recede from the Substitute of the Senate as passed by the Senate.
Second: That the House and Senate agree to the Substitute of the House as passed by the House, amended to read as follows:
A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2019, from the following funds:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
APPROPRIATION SUMMARY
Full-time equated unclassified positions...........................................................................57.5
Full-time equated classified positions..........................................................................2,322.3
GROSS APPROPRIATION.......................................................................................................... $ 517,762,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers................................................... 48,414,300
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 469,347,900
Federal revenues:
Total federal revenues................................................................................................................... 65,744,400
Special revenue funds:
Total local revenues...................................................................................................................... 100,000
Total private revenues................................................................................................................... 111,800
Total other state restricted revenues............................................................................................. 276,471,400
State general fund/general purpose.............................................................................................. $ 126,920,300
State general fund/general purpose schedule:
Ongoing state general fund/general purpose.........................................................126,920,300
One-time state general fund/general purpose.........................................................................0
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions...........................................................................57.5
Full-time equated classified positions.............................................................................108.0
Unclassified salaries—57.5 FTE positions................................................................................... $ 5,107,700
Administrative services—77.0 FTE positions.............................................................................. 8,810,100
Executive director programs—24.0 FTE positions...................................................................... 3,256,500
FOIA coordination—3.0 FTE positions....................................................................................... 314,900
Office for new Americans—4.0 FTE positions............................................................................ 480,200
Property management................................................................................................................... 11,488,900
Worker’s compensation................................................................................................................. 318,500
GROSS APPROPRIATION.......................................................................................................... $ 29,776,800
Appropriated from:
Interdepartmental grant revenues:
IDG from MDIFS, accounting services........................................................................................ 150,000
IDG from MDTED, unemployment hearings............................................................................... 601,100
Federal revenues:
DED, vocational rehabilitation and independent living............................................................... 897,400
DOE, heating oil and propane...................................................................................................... 25,000
DOL, occupational safety and health........................................................................................... 712,200
EPA, underground storage tanks.................................................................................................. 29,100
HHS-Medicaid, certification of health care providers and suppliers........................................... 405,200
HHS-Medicare, certification of health care providers and suppliers........................................... 589,000
Special revenue funds:
Aboveground storage tank fees.................................................................................................... 92,400
Accountancy enforcement fund.................................................................................................... 46,100
Asbestos abatement fund.............................................................................................................. 150,100
Boiler inspection fund.................................................................................................................. 278,300
Builder enforcement fund............................................................................................................. 100,400
Construction code fund................................................................................................................ 760,000
Corporation fees........................................................................................................................... 5,644,500
Elevator fees................................................................................................................................. 302,100
Fire alarm fees.............................................................................................................................. 7,100
Fire safety standard and enforcement fund.................................................................................. 2,100
Fire service fees........................................................................................................................... 483,400
Fireworks safety fund................................................................................................................... 51,000
Health professions regulatory fund.............................................................................................. 1,569,800
Health systems fees...................................................................................................................... 246,400
Licensing and regulation fund...................................................................................................... 783,000
Liquor license revenue................................................................................................................. 300,000
Liquor purchase revolving fund................................................................................................... 3,807,100
Marihuana registry fund............................................................................................................... 670,500
Michigan unarmed combat fund................................................................................................... 5,900
Mobile home code fund............................................................................................................... 317,100
Nurse professional fund................................................................................................................ 37,500
PMECSEMA fund........................................................................................................................ 45,000
Private occupational school license fees...................................................................................... 55,200
Property development fees........................................................................................................... 7,400
Public utility assessments............................................................................................................. 2,779,400
Radiological health fees............................................................................................................... 223,500
Real estate appraiser education fund............................................................................................ 2,600
Real estate education fund........................................................................................................... 11,000
Real estate enforcement fund....................................................................................................... 11,300
Refined petroleum fund................................................................................................................ 185,800
Restructuring mechanism assessments......................................................................................... 31,600
Retired engineers technical assistance program fund................................................................... 7,000
Safety education and training fund.............................................................................................. 850,800
Second injury fund....................................................................................................................... 236,700
Securities fees............................................................................................................................... 3,678,200
Securities investor education and training fund........................................................................... 9,200
Security business fund.................................................................................................................. 7,000
Self-insurers security fund............................................................................................................ 120,300
Silicosis and dust disease fund..................................................................................................... 102,300
Survey and remonumentation fund............................................................................................... 97,000
Tax tribunal fund.......................................................................................................................... 885,300
Utility consumer representation fund........................................................................................... 54,000
Worker’s compensation administrative revolving fund................................................................ 103,800
State general fund/general purpose.............................................................................................. $ 1,208,600
Sec. 103. ENERGY AND UTILITY PROGRAMS
Full-time equated classified positions.............................................................................208.0
Michigan agency for energy—26.0 FTE positions....................................................................... $ 7,132,800
Public service commission—182.0 FTE positions....................................................................... 31,879,000
GROSS APPROPRIATION.......................................................................................................... $ 39,011,800
Appropriated from:
Federal revenues:
DOE, heating oil and propane...................................................................................................... 3,795,000
DOT, gas pipeline safety.............................................................................................................. 2,212,800
Special revenue funds:
Public utility assessments............................................................................................................. 31,332,300
Restructuring mechanism assessments......................................................................................... 620,900
Retired engineers technical assistance program fund................................................................... 491,200
State general fund/general purpose.............................................................................................. $ 559,600
Sec. 104. LIQUOR CONTROL COMMISSION
Full-time equated classified positions.............................................................................143.0
Liquor licensing and enforcement—115.0 FTE positions............................................................ $ 16,006,400
Management support services—28.0 FTE positions.................................................................... 4,518,400
GROSS APPROPRIATION.......................................................................................................... $ 20,524,800
Appropriated from:
Special revenue funds:
Direct shipper enforcement revolving fund.................................................................................. 300,700
Liquor control enforcement and license investigation revolving fund......................................... 175,000
Liquor license fee enhancement fund........................................................................................... 76,400
Liquor license revenue................................................................................................................. 7,580,700
Liquor purchase revolving fund................................................................................................... 12,392,000
State general fund/general purpose.............................................................................................. $ 0
Sec. 105. OCCUPATIONAL REGULATION
Full-time equated classified positions..........................................................................1,143.9
Bureau of community and health systems—426.9 FTE positions............................................... $ 63,085,000
Bureau of construction codes—182.0 FTE positions................................................................... 23,839,300
Bureau of fire services—78.0 FTE positions............................................................................... 11,175,500
Bureau of professional licensing—206.0 FTE positions.............................................................. 39,834,200
Corporations, securities, and commercial licensing bureau—118.0 FTE positions..................... 15,431,400
Medical marihuana facilities licensing and tracking—108.0 FTE positions................................ 10,000,000
Medical marihuana program—25.0 FTE positions...................................................................... 5,001,300
GROSS APPROPRIATION.......................................................................................................... $ 168,366,700
Appropriated from:
Interdepartmental grant revenues:
IDG from MDE, child care licensing........................................................................................... 17,794,900
Federal revenues:
DHS, fire training systems........................................................................................................... 28,000
DOT, hazardous materials training and planning......................................................................... 60,000
EPA, underground storage tanks.................................................................................................. 804,400
HHS-Medicaid, certification of health care providers and suppliers........................................... 8,379,900
HHS-Medicare, certification of health care providers and suppliers........................................... 13,638,100
Special revenue funds:
Aboveground storage tank fees.................................................................................................... 206,800
Accountancy enforcement fund.................................................................................................... 689,600
Boiler inspection fund.................................................................................................................. 3,399,700
Builder enforcement fund............................................................................................................. 644,000
Construction code fund................................................................................................................ 7,910,200
Corporation fees........................................................................................................................... 7,143,500
Distance education fund............................................................................................................... 355,500
Division on deafness fund............................................................................................................ 93,400
Elevator fees................................................................................................................................. 4,356,300
Fire alarm fees.............................................................................................................................. 130,100
Fire safety standard and enforcement fund.................................................................................. 40,400
Fire service fees........................................................................................................................... 2,553,300
Fireworks safety fund................................................................................................................... 703,900
Health professions regulatory fund.............................................................................................. 24,158,800
Health systems fees...................................................................................................................... 3,792,200
Licensing and regulation fund...................................................................................................... 11,851,200
Liquor purchase revolving fund................................................................................................... 143,200
Marihuana registry fund............................................................................................................... 5,001,300
Marihuana regulatory fund........................................................................................................... 10,500,000
Michigan unarmed combat fund................................................................................................... 76,900
Mobile home code fund............................................................................................................... 3,045,200
Nurse aide registration fund......................................................................................................... 600,000
Nurse professional fund................................................................................................................ 1,964,900
Nursing home administrative penalties........................................................................................ 100,000
PMECSEMA fund........................................................................................................................ 1,855,600
Private occupational school license fees...................................................................................... 478,600
Property development fees........................................................................................................... 318,100
Real estate appraiser education fund............................................................................................ 65,400
Real estate education fund........................................................................................................... 345,400
Real estate enforcement fund....................................................................................................... 704,400
Refined petroleum fund................................................................................................................ 2,643,400
Securities fees............................................................................................................................... 4,779,800
Securities investor education and training fund........................................................................... 502,300
Security business fund.................................................................................................................. 233,600
Survey and remonumentation fund............................................................................................... 864,900
State general fund/general purpose.............................................................................................. $ 25,409,500
Sec. 106. EMPLOYMENT SERVICES
Full-time equated classified positions.............................................................................464.4
Bureau of employment relations—22.0 FTE positions................................................................ $ 4,289,800
Bureau of services for blind persons—113.0 FTE positions....................................................... 24,931,000
Compensation supplement fund................................................................................................... 1,820,000
First responder presumed coverage fund claims.......................................................................... 5,245,000
Insurance funds administration—23.0 FTE positions.................................................................. 5,031,200
Michigan occupational safety and health administration—197.0 FTE positions......................... 29,418,000
Radiation safety section—21.4 FTE positions............................................................................. 3,299,300
Wage and hour program—32.0 FTE positions............................................................................. 3,826,100
Workers’ compensation agency—56.0 FTE positions.................................................................. 8,177,000
GROSS APPROPRIATION.......................................................................................................... $ 86,037,400
Appropriated from:
Federal revenues:
DED, vocational rehabilitation and independent living............................................................... 18,725,100
DOL, occupational safety and health........................................................................................... 12,047,700
HHS, mammography quality standards........................................................................................ 513,300
Special revenue funds:
Blind services, local..................................................................................................................... 100,000
Blind services, private.................................................................................................................. 111,800
Asbestos abatement fund.............................................................................................................. 817,300
Corporation fees........................................................................................................................... 9,619,100
First responder presumed coverage fund...................................................................................... 5,445,000
Michigan business enterprise program fund................................................................................. 327,800
Radiological health fees............................................................................................................... 2,786,000
Safety education and training fund.............................................................................................. 9,922,200
Second injury fund....................................................................................................................... 2,627,000
Securities fees............................................................................................................................... 8,807,300
Self-insurers security fund............................................................................................................ 1,587,000
Silicosis and dust disease fund..................................................................................................... 817,200
Worker’s compensation administrative revolving fund................................................................ 1,682,500
State general fund/general purpose.............................................................................................. $ 10,101,100
Sec. 107. MICHIGAN ADMINISTRATIVE HEARING SYSTEM
Full-time equated classified positions.............................................................................236.0
Michigan administrative hearing system—218.0 FTE positions.................................................. $ 38,607,100
Michigan compensation appellate commission—18.0 FTE positions.......................................... 4,649,000
GROSS APPROPRIATION.......................................................................................................... $ 43,256,100
Appropriated from:
Interdepartmental grant revenues:
IDG from MDTED, unemployment hearings............................................................................... 4,306,700
IDG revenues, administrative hearings and rules......................................................................... 25,561,600
Federal revenues:
DOL, occupational safety and health........................................................................................... 153,900
Special revenue funds:
Construction code fund................................................................................................................ 26,000
Corporation fees........................................................................................................................... 4,026,000
Health professions regulatory fund.............................................................................................. 392,800
Health systems fees...................................................................................................................... 156,600
Licensing and regulation fund...................................................................................................... 849,200
Liquor purchase revolving fund................................................................................................... 967,000
Public utility assessments............................................................................................................. 2,547,600
Safety education and training fund.............................................................................................. 62,600
Securities fees............................................................................................................................... 2,418,900
Tax tribunal fund.......................................................................................................................... 954,000
Worker’s compensation administrative revolving fund................................................................ 137,400
State general fund/general purpose.............................................................................................. $ 695,800
Sec. 108. COMMISSIONS
Full-time equated classified positions...............................................................................19.0
Asian Pacific American affairs commission—1.0 FTE position.................................................. $ 137,400
Commission on Middle Eastern American affairs—1.0 FTE position......................................... 125,000
Hispanic/Latino commission of Michigan—1.0 FTE position..................................................... 288,300
Michigan indigent defense commission—16.0 FTE positions..................................................... 2,420,700
GROSS APPROPRIATION.......................................................................................................... $ 2,971,400
Appropriated from:
State general fund/general purpose........................................................................................... $ 2,971,400
Sec. 109. DEPARTMENT GRANTS
Firefighter training grants............................................................................................................. $ 2,000,000
Liquor law enforcement grants..................................................................................................... 8,400,000
Medical marihuana operation and oversight grants...................................................................... 3,000,000
Michigan indigent defense commission grants............................................................................ 84,100,100
Remonumentation grants.............................................................................................................. 7,300,000
Subregional libraries state aid...................................................................................................... 451,800
Utility consumer representation................................................................................................... 750,000
GROSS APPROPRIATION.......................................................................................................... $ 106,001,900
Appropriated from:
Special revenue funds:
Fireworks safety fund................................................................................................................... 2,000,000
Liquor license revenue................................................................................................................. 8,400,000
Local indigent defense reimbursement......................................................................................... 100
Marihuana registry fund............................................................................................................... 3,000,000
Survey and remonumentation fund............................................................................................... 7,300,000
Utility consumer representation fund........................................................................................... 750,000
State general fund/general purpose.............................................................................................. $ 84,551,800
Sec. 110. INFORMATION TECHNOLOGY
Information technology services and projects.............................................................................. $ 21,815,300
GROSS APPROPRIATION.......................................................................................................... $ 21,815,300
Appropriated from:
Federal revenues:
DED, vocational rehabilitation and independent living............................................................... 1,229,800
DOE, heating oil and propane...................................................................................................... 24,000
DOL, occupational safety and health........................................................................................... 367,300
DOT, gas pipeline safety.............................................................................................................. 45,000
EPA, underground storage tanks.................................................................................................. 100,200
HHS-Medicaid, certification of health care providers and suppliers........................................... 331,600
HHS-Medicare, certification of health care providers and suppliers........................................... 630,400
Special revenue funds:
Aboveground storage tank fees.................................................................................................... 54,600
Accountancy enforcement fund.................................................................................................... 1,100
Asbestos abatement fund.............................................................................................................. 55,400
Boiler inspection fund.................................................................................................................. 388,800
Construction code fund................................................................................................................ 1,064,400
Corporation fees........................................................................................................................... 3,676,100
Distance education fund............................................................................................................... 11,600
Elevator fees................................................................................................................................. 431,100
Fire safety standard and enforcement fund.................................................................................. 3,000
Fire service fees........................................................................................................................... 199,200
Fireworks safety fund................................................................................................................... 35,200
Health professions regulatory fund.............................................................................................. 1,258,900
Health systems fees...................................................................................................................... 233,800
Licensing and regulation fund...................................................................................................... 1,858,700
Liquor purchase revolving fund................................................................................................... 2,934,000
Marihuana registry fund............................................................................................................... 301,700
Michigan unarmed combat fund................................................................................................... 6,800
Mobile home code fund............................................................................................................... 311,400
PMECSEMA fund........................................................................................................................ 178,600
Private occupational school license fees...................................................................................... 21,900
Public utility assessments............................................................................................................. 1,506,200
Radiological health fees............................................................................................................... 143,300
Real estate appraiser education fund............................................................................................ 1,000
Real estate education fund........................................................................................................... 4,900
Refined petroleum fund................................................................................................................ 170,800
Restructuring mechanism assessments......................................................................................... 40,100
Retired engineers technical assistance program fund................................................................... 5,000
Safety education and training fund.............................................................................................. 398,400
Second injury fund....................................................................................................................... 474,100
Securities fees............................................................................................................................... 1,108,700
Securities investor education and training fund........................................................................... 1,000
Self-insurers security fund............................................................................................................ 348,700
Silicosis and dust disease fund..................................................................................................... 138,400
Survey and remonumentation fund............................................................................................... 74,100
Tax tribunal fund.......................................................................................................................... 223,500
State general fund/general purpose.............................................................................................. $ 1,422,500
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2018-2019
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for fiscal year 2018-2019 is $403,391,700.00 and state spending from state sources to be paid to local units of government for fiscal year 2018-2019 is $105,251,900.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
Firefighter training grants............................................................................................................. $ 2,000,000
Liquor law enforcement grants..................................................................................................... 8,400,000
Medical marihuana operation and oversight grants...................................................................... 3,000,000
Michigan indigent defense commission grants............................................................................ 84,100,100
Remonumentation grants.............................................................................................................. 7,300,000
Subregional libraries state aid...................................................................................................... 451,800
Total department of licensing and regulatory affairs.................................................................... $ 105,251,900
Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) “DED” means the United States Department of Education.
(b) “Department” means the department of licensing and regulatory affairs.
(c) “DHS” means the United States Department of Homeland Security.
(d) “DIFS” means the department of insurance and financial services.
(e) “Director” means the director of the department.
(f) “DOE” means the United States Department of Energy.
(g) “DOL” means the United States Department of Labor.
(h) “DOT” means the United States Department of Transportation.
(i) “EPA” means the United States Environmental Protection Agency.
(j) “FOIA” means the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(k) “FTE” means full-time equated.
(l) “HHS” means the United States Department of Health and Human Services.
(m) “IDG” means interdepartmental grant.
(n) “IT” means information technology.
(o) “MDE” means the Michigan department of education.
(p) “PMECSEMA” means pain management education and controlled substances electronic monitoring and antidiversion.
(q) “Subcommittees” means the subcommittees of the house and senate appropriations committees with jurisdiction over the budget for the department.
(r) “TED” means the Michigan department of talent and economic development.
Sec. 204. The department and agencies receiving appropriations in this part and part 1 shall use the internet to fulfill the reporting requirements of this part. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an internet or intranet site.
Sec. 205. Funds appropriated in this part and part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 206. The director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.
Sec. 207. (1) Out-of-state travel shall be limited to situations when travel is approved by a departmental employee’s immediate supervisor and in which 1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of Michigan citizens or visitors or to assist other states in similar circumstances.
(c) The travel is necessary to produce budgetary savings or to increase state revenues, including protecting existing federal funds or securing additional federal funds.
(d) The travel is necessary to comply with federal requirements.
(e) The travel is necessary to secure specialized training for staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate funds.
(2) The department shall not approve the travel of more than 1 departmental employee to a specific professional development conference or training seminar that is located outside of this state unless a professional development conference or training seminar is funded by a federal or private funding source and requires more than 1 individual from the department to attend, or the conference or training seminar includes multiple issues in which 1 employee from the department does not have expertise.
(3) Not later than January 1, the department shall prepare a travel report listing all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the house and senate appropriations committees, the senate and house fiscal agencies, and the state budget director. The report shall include all of the following information:
(a) The name of each person receiving reimbursement for travel outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel occurrence.
(e) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the immediately preceding fiscal year.
Sec. 208. Funds appropriated in this part and part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.
Sec. 209. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies.
Sec. 210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $25,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $500,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 211. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for the department and each agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 212. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2018 and September 30, 2019.
Sec. 213. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department’s performance.
Sec. 214. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2019 are estimated at $57,167,300.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $26,355,100.00. Total agency appropriations for retiree health care legacy costs are estimated at $30,812,200.00.
Sec. 215. Unless prohibited by law, the department may accept credit card or other electronic means of payment for licenses, fees, or permits.
Sec. 218. The department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff.
Sec. 219. The department shall not develop or produce any television or radio productions.
Sec. 220. The department, in conjunction with the department of health and human services, shall maintain an accounting structure within this state’s accounting system that will allow expenditures associated with the administration of the Healthy Michigan plan to be identified.
Sec. 221. The department may carry into the succeeding fiscal year unexpended federal pass-through funds to local institutions and governments that do not require additional state matching funds. Federal pass-through funds to local institutions and governments that are received in amounts in addition to those included in part 1 and that do not require additional state matching funds are appropriated for the purposes intended. Within 14 days after the receipt of federal pass-through funds, the department shall notify the house and senate chairpersons of the subcommittees, the senate and house fiscal agencies, and the state budget director of pass-through funds appropriated under this section.
Sec. 222. (1) Grants supported with private revenues received by the department are appropriated upon receipt and are available for expenditure by the department, subject to subsection (3), for purposes specified within the grant agreement and as permitted under state and federal law.
(2) Within 10 days after the receipt of a private grant appropriated in subsection (1), the department shall notify the house and senate chairpersons of the subcommittees, the senate and house fiscal agencies, and the state budget director of the receipt of the grant, including the fund source, purpose, and amount of the grant.
(3) The amount appropriated under subsection (1) shall not exceed $1,500,000.00.
Sec. 223. (1) The department may charge registration fees to attendees of informational, training, or special events sponsored by the department, and related to activities that are under the department’s purview.
(2) These fees shall reflect the costs for the department to sponsor the informational, training, or special events.
(3) Revenue generated by the registration fees is appropriated upon receipt and available for expenditure to cover the department’s costs of sponsoring informational, training, or special events.
(4) Revenue generated by registration fees in excess of the department’s costs of sponsoring informational, training, or special events shall carry forward to the subsequent fiscal year and not lapse to the general fund.
(5) The amount appropriated under subsection (3) shall not exceed $500,000.00.
Sec. 224. The department may make available to interested entities otherwise unavailable customized listings of nonconfidential information in its possession, such as names and addresses of licensees. The department may establish and collect a reasonable charge to provide this service. The revenue received from this service is appropriated when received and shall be used to offset expenses to provide the service. Any balance of this revenue collected and unexpended at the end of the fiscal year shall lapse to the appropriate restricted fund.
Sec. 225. (1) The department shall sell documents at a price not to exceed the cost of production and distribution. Money received from the sale of these documents shall revert to the department. In addition to the funds appropriated in part 1, these funds are available for expenditure when they are received by the department of treasury. This subsection applies only for the following documents:
(a) Corporation and securities division documents, reports, and papers required or permitted by law pursuant to section 1060(5) of the business corporation act, 1972 PA 284, MCL 450.2060.
(b) The Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303.
(c) The mobile home commission act, 1987 PA 96, MCL 125.2301 to 125.2350; the business corporation act, 1972 PA 284, MCL 450.1101 to 450.2098; the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to 450.3192; and the uniform securities act (2002), 2008 PA 551, MCL 451.2101 to 451.2703.
(d) Worker’s compensation health care services rules.
(e) Construction code manuals.
(f) Copies of transcripts from administrative law hearings.
(2) In addition to the funds appropriated in part 1, funds appropriated for the department under sections 57, 58, and 59 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.257, 24.258, and 24.259, and section 203 of the legislative council act, 1986 PA 268, MCL 4.1203, are appropriated for all expenses necessary to provide for the cost of publication and distribution.
(3) Unexpended funds at the end of the fiscal year shall carry forward to the subsequent fiscal year and not lapse to the general fund.
Sec. 226. (1) Not later than March 1, the department shall submit a report to the subcommittees and the senate and house fiscal agencies pertaining to licensing and regulatory programs during the previous fiscal year for the following agencies:
(a) Public service commission.
(b) Liquor control commission.
(c) Bureau of fire services.
(d) Bureau of construction codes.
(e) Corporations, securities, and commercial licensing bureau.
(f) Bureau of professional licensing.
(g) Bureau of community and health systems.
(h) Michigan occupational safety and health administration.
(2) The report shall be in a format that is consistent between the agencies listed in subsection (1) and shall provide, but is not limited to, the following information, as applicable, for each agency in subsection (1):
(a) Revenue generated by and expenditures disbursed for each regulatory product.
(b) Number of applications, both initial and renewal, for each regulatory product.
(c) Number of applications, both initial and renewal, approved for each regulatory product.
(d) Number of applications, both initial and renewal, denied for each regulatory product.
(e) Average amount of time, both tolled and untolled, to approve or deny applications, both initial and renewal, for each regulatory product.
(f) Number of examinations proctored for initial applications for each regulatory product.
(g) Number of complaints received pertaining to each regulated activity.
(h) Number of investigations opened pertaining to each regulated activity.
(i) Number of investigations closed pertaining to each regulated activity.
(j) Average amount of time to close investigations pertaining to each regulated activity.
(k) Number of enforcement actions pertaining to each regulated activity.
(l) Number of administrative hearings pertaining to each regulated activity.
(m) Number of administrative hearing adjudications pertaining to each regulated activity.
(n) The type and amount of each fee charged to support each regulated activity.
(3) As used in subsection (2), “regulatory product” means licensure, certification, registration, inspection, review, permitting, approval, or any other regulatory service provided by the agencies specified in subsection (1) for each regulated activity. As used in this subsection and subsection (2), “regulated activity” means the particular activities, entities, facilities, and industries regulated by the agencies specified in subsection (1).
Sec. 227. It is the intent of the legislature that the department establish an employee performance monitoring process that is consistent throughout the department in addition to current civil service commission evaluations. By April 1, the department shall submit a report to the state budget office, the subcommittees, and the senate and house fiscal agencies on changes to the employee performance monitoring process that are planned or implemented, as well as the number of employee evaluations performed.
ENERGY AND UTILITY PROGRAMS
Sec. 301. The public service commission administers the low-income energy assistance grant program on behalf of the Michigan department of health and human services via an interagency agreement. Funds supporting the grant program are appropriated in the department upon awarding of grants and may be expended for grant payments and administrative related expenses incurred in the operation of the program.
Sec. 302. In coordination with the state transportation department and the public service commission, the Michigan agency for energy shall prepare a study that assesses statewide optimal siting locations for the deployment of direct current fast charging stations. The study shall make location recommendations for direct current fast charging siting based on predictions of future electric vehicle usage, traffic patterns, electric vehicle concentrations, vehicle range, and existing or planned charging infrastructure deployment. The Michigan agency for energy shall complete the study and make it available to the public not later than September 30, 2019.
LIQUOR CONTROL COMMISSION
Sec. 401. (1) From the appropriations in part 1 from the direct shipper enforcement fund, the liquor control commission shall expend these funds as required under section 203(11) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1203, to investigate and audit unlawful direct shipments of wine by unlicensed wineries and retailers, with priority directed toward unlicensed out-of-state retailers and third-party marketers. The commission shall use shipping records available to it under section 203(21) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1203, to assist with this effort. The liquor control commission must refer all unlicensed out-of-state retailers and third-party marketers identified with the shipping records to the attorney general.
(2) By February 1, the liquor control commission shall provide a report to the legislature and the subcommittees detailing the commission’s activities to investigate and audit the illegal shipping of wine and the results of these activities. The report shall include the following:
(a) Work hours spent, specific actions undertaken, and the number of FTEs dedicated to identify and stop unlicensed out-of-state retailers, third-party marketers, and wineries that ship illegally in Michigan.
(b) General overview of expenditures associated with efforts to identify and stop unlicensed out-of-state retailers, third-party marketers, and wineries that ship illegally in Michigan.
(c) Number of out-of-state entities found to have illegally shipped wine into Michigan and total number of bottles (750 ml), number of cases with 750 ml bottles, number of liters, or number of gallons of illegally shipped wine. These items must be broken down by total number of retailers and total number of wineries.
(d) Suggested areas of focus on how to address direct shipper enforcement and illegal importation in the future.
(e) Number of unlicensed out-of-state entities found to have illegally shipped wine into Michigan identified with the shipping records under subsection (1).
(f) Number of notices sent under subsection (3).
(3) From the appropriations in part 1 from the direct shipper enforcement fund, the liquor control commission shall send a notice to each unlicensed out-of-state entity found to have illegally shipped wine into Michigan that has been identified via the shipping records under subsection (1). The notice must include all of the following:
(a) Notification that shipping wine into Michigan by retailers and third-party marketers is illegal, and wineries shipping into Michigan must obtain a direct shipper license.
(b) Under section 909 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1909, making unlawful shipments of wine into Michigan may be a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.
(c) Notice that the matter has been referred to the attorney general.
OCCUPATIONAL REGULATION
Sec. 501. Money appropriated under this part and part 1 for the bureau of fire services shall not be expended unless, in accordance with section 2c of the fire prevention code, 1941 PA 207, MCL 29.2c, inspection and plan review fees will be charged according to the following schedule:
Operation and maintenance inspection fee
Facility type Facility size Fee
Hospitals Any $8.00 per bed
Plan review and construction inspection fees for
hospitals and schools
Project cost range FeeMMMM
$101,000.00 or less minimum fee of $155.00
$101,001.00 to $1,500,000.00 $1.60 per $1,000.00
$1,500,001.00 to $10,000,000.00 $1.30 per $1,000.00
$10,000,001.00 or more $1.10 per $1,000.00
or a maximum fee of $60,000.00.
Sec. 502. The funds collected by the department for licenses, permits, and other elevator regulation fees set forth in the Michigan Administrative Code and as determined under section 8 of 1976 PA 333, MCL 338.2158, and section 16 of 1967 PA 227, MCL 408.816, that are unexpended at the end of the fiscal year shall carry forward to the subsequent fiscal year.
Sec. 503. Not later than February 15, the department shall submit a report to the subcommittees, the senate and house fiscal agencies, and state budget director providing the following information:
(a) The number of veterans who were separated from service in the Armed Forces of the United States with an honorable character of service or under honorable conditions (general) character of service, individually or if a majority interest of a corporation or limited liability company, that were exempted from paying licensure, registration, filing, or any other fees collected under each licensure or regulatory program administered by the bureau of construction codes and the corporations, securities, and commercial licensing bureau during the preceding fiscal year.
(b) The specific fees and total amount of revenue exempted under each licensure or regulatory program administered by the bureau of construction codes and the corporations, securities, and commercial licensing bureau during the preceding fiscal year.
(c) The actual costs of providing licensing and other regulatory services to veterans exempted from paying licensure, registration, filing, or any other fees during the preceding fiscal year and a description of how these costs were calculated.
(d) The estimated amount of revenue that will be exempted under each licensure or regulatory program administered by the bureau of construction codes and the corporations, securities, and commercial licensing bureau in both the current and subsequent fiscal years and a description of how the exempted revenue was estimated.
Sec. 504. Funds remaining in the homeowner construction lien recovery fund are appropriated to the department for payment of court-ordered homeowner construction lien recovery fund judgments entered prior to August 23, 2010. Pursuant to available funds, the payment of final judgments shall be made in the order in which the final judgments were entered and began accruing interest.
Sec. 505. The department shall submit a report by January 31 to the standing committees on appropriations of the senate and house of representatives, the senate and house fiscal agencies, and the state budget director that includes all of the following information for the prior fiscal year regarding the medical marihuana program under the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430:
(a) The number of initial applications received.
(b) The number of initial applications approved and the number of initial applications denied.
(c) The average amount of time, from receipt to approval or denial, to process an initial application.
(d) The number of renewal applications received.
(e) The number of renewal applications approved and the number of renewal applications denied.
(f) The average amount of time, from receipt to approval or denial, to process a renewal application.
(g) The percentage of initial applications not approved or denied within the time requirements established in section 6 of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26426.
(h) The percentage of renewal applications not approved or denied within the time requirements established in section 6 of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26426.
(i) The percentage of registry identification cards for approved initial applications not issued within the time requirements established in section 6 of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26426.
(j) The percentage of registry identification cards for approved renewal applications not issued within the time requirements established in section 6 of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26426.
(k) The number of registry identification cards issued to or renewed for patients residing in each county as of September 30 of the preceding fiscal year under the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430.
(l) The amount collected from the medical marihuana program application and renewal fees authorized in section 5 of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26425.
(m) The costs of administering the medical marihuana program under the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430.
Sec. 506. If the revenue collected by the department for health systems administration or radiological health administration and projects from fees and collections exceeds the amount appropriated in part 1, the revenue may be carried forward into the subsequent fiscal year. The revenue carried forward under this section shall be used as the first source of funds in the subsequent fiscal year.
Sec. 507. Not later than February 1, the department shall submit a report to the subcommittees, the senate and house fiscal agencies, and state budget director providing the following information:
(a) The total amount of reimbursements made to local units of government for delegated inspections of fireworks retail locations pursuant to section 11 of the Michigan fireworks safety act, 2011 PA 256, MCL 28.461, from the funds appropriated in part 1 for the bureau of fire services during the preceding fiscal year.
(b) The amount of reimbursement for delegated inspections of fireworks retail locations for each local unit of government that received reimbursement from the funds appropriated in part 1 for the bureau of fire services during the preceding fiscal year.
Sec. 508. (1) Beginning October 1, for the purpose of defraying the costs associated with responding to false final inspection appointments and to discourage the practice of calling for final inspections when the project is incomplete or noncompliant with a plan of correction previously provided by the bureau of fire services, the bureau of fire services may assess a fee not to exceed $200.00 for responding to a second or subsequent confirmed false inspection appointment. Fees collected under this section shall be deposited into the restricted account referenced by section 2c(2) of the fire prevention code, 1941 PA 207, MCL 29.2c, and explicitly identified within the statewide integrated governmental management applications system.
(2) Not later than September 30, the department shall prepare a report that provides the amount of the fee assessed under subsection (1), the number of fees assessed and issued per region, the cost allocation for the work performed and reduced as a result of this section, and any recommendations for consideration by the legislature. The department shall submit this information to the state budget director, the subcommittees, and the senate and house fiscal agencies.
Sec. 509. (1) The department shall assess and collect fees in the licensing and regulation of child care organizations, as described in 1973 PA 116, MCL 722.111 to 722.128, and adult foster care facilities, as described in the adult foster care facility licensing act, 1979 PA 218, MCL 400.701 to 400.737.
(2) The department shall report the total amount of fees assessed and collected under subsection (1) during the preceding fiscal year to the senate and house fiscal agencies not later than December 1 and shall provide information requested by the senate and house fiscal agencies as they consider necessary to shift authorization equivalent to that amount from the general fund/general purpose to a state restricted fund within the department’s budget for fiscal year 2019-2020.
Sec. 510. The department shall submit a report on the Michigan automated prescription system to the senate and house appropriations committees and the senate and house fiscal agencies by November 30. The report shall include, but is not limited to, the following:
(a) Total number of licensed health professionals registered to the Michigan automated prescription system.
(b) Total number of dispensers registered to the Michigan automated prescription system.
(c) Total number of prescribers using the Michigan automated prescription system.
(d) Total number of dispensers using the Michigan automated prescription system.
(e) Number of cases related to overprescribing, overdispensing, and drug diversion where the department took administrative action as a result of information and data generated from the Michigan automated prescription system.
(f) The number of hospitals, doctor’s offices, pharmacies, and other health facilities that have integrated the Michigan automated prescription system into their electronic health records systems.
(g) Total number of delegate users registered to the Michigan automated prescription system.
Sec. 511. From the amount appropriated in part 1 for the bureau of community and health systems, upon receipt of the order of suspension of a licensed adult foster care home, home for the aged, or nursing home, the department shall serve the facility and provide contemporaneous notice to the offices of legislators representing a district where the licensed facility is situated.
Sec. 512. The department shall submit a report regarding the medical marihuana facilities licensing and tracking program to the standing committees on appropriations of the senate and house, the senate and house fiscal agencies, and the state budget director by March 1. The report shall include, but is not limited to, the following:
(a) The number of initial license applications received for each license category.
(b) The number of initial applications approved and the number of initial license applications denied.
(c) The average amount of time, from receipt to approval or denial, to process an initial application.
(d) The total number of license applications approved by license category and by county.
(e) The total amount collected from application fees.
(f) The total amount collected from any established regulatory assessment.
(g) The costs of administering the medical marihuana facilities licensing and tracking program.
EMPLOYMENT SERVICES
Sec. 701. (1) The appropriation in part 1 for the bureau of services for blind persons includes funds for case services. These funds may be used for tuition payments for blind clients.
(2) Revenue collected by the bureau of services for blind persons and from private and local sources that is unexpended at the end of the fiscal year may carry forward to the subsequent fiscal year.
Sec. 702. The bureau of services for blind persons shall work collaboratively with service organizations and government entities to identify qualified match dollars to maximize use of available federal vocational rehabilitation funds.
Sec. 703. The bureau of services for blind persons may provide and enter into agreements to provide general services, training, meetings, information, special equipment, software, facility use, and technical consulting services to other principal executive departments, state agencies, local units of government, the judicial branch of government, other organizations, and patrons of department facilities. The department may charge fees for these services that are reasonably related to the cost of providing the services. In addition to the funds appropriated in part 1, funds collected by the department for these services are appropriated for all expenses necessary. The funds appropriated under this section are allotted for expenditure when they are received by the department of treasury.
Sec. 704. Funds received in excess of the appropriation in part 1 for first responder presumed coverage claims from the first responder presumed coverage fund are appropriated in an amount sufficient to pay approved claims due in the current fiscal year pursuant to section 405 of the worker’s disability compensation act of 1969, 1969 PA 317, MCL 418.405.
COMMISSIONS
Sec. 801. If Byrne formula grant funding is awarded to the Michigan indigent defense commission, the Michigan indigent defense commission may receive and expend Byrne formula grant funds in an amount not to exceed $250,000.00 as an interdepartmental grant from the department of state police. The Michigan indigent defense commission, created under section 5 of the Michigan indigent defense commission act, 2013 PA 93, MCL 780.985, may receive and expend federal grant funding from the United States Department of Justice in an amount not to exceed $300,000.00 as other federal grants.
Sec. 802. From the funds appropriated in part 1, the Michigan indigent defense commission shall submit a report by September 30 to the senate and house appropriations subcommittees on licensing and regulatory affairs, the senate and house fiscal agencies, and the state budget director on the incremental costs associated with the standard development process, the compliance plan process, and the collection of data from all indigent defense systems and attorneys providing indigent defense. Particular emphasis shall be placed on those costs that may be avoided after standards are developed and compliance plans are in place.
Sec. 803. The Michigan indigent defense commission shall identify and implement a system of performance metrics to assess the provision of indigent defense services in Michigan relative to national standards and benchmarks. The Michigan indigent defense commission shall prepare an annual report to the governor, the legislature, the Michigan supreme court, and the state budget director on the performance metrics no later than September 30 of each year.
Sec. 804. The Michigan office for new Americans is to coordinate with the Asian Pacific American affairs commission, the Commission on Middle Eastern American affairs, and the Hispanic/Latino commission of Michigan to produce a report by January 31 that is to be transmitted to the senate and house subcommittee chairpersons, the senate and house fiscal agencies, and the state budget director. The report shall include, but is not limited to, the following:
(a) Total number of people with whom each commission directly interacts through programming.
(b) Total number of public events that each commission conducted.
(c) Description of the activities that the commissions initiated to promote cooperation between the commissions.
(d) Total number of meetings that each commission held with foreign diplomats.
(e) Programmatic costs of each commission.
Sec. 805. An expenditure of funds appropriated in part 1 by the Asian Pacific American affairs commission, the Commission on Middle Eastern American affairs, or the Hispanic/Latino commission of Michigan for a commission event must directly relate to the mission statement of that commission.
DEPARTMENT GRANTS
Sec. 901. (1) The department shall expend the funds appropriated in part 1 for medical marihuana operation and oversight grants for grants to counties for education and outreach programs relating to the Michigan medical marihuana program pursuant to section 6(l) of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26426. These grants shall be distributed proportionately based on the number of registry identification cards issued to or renewed for the residents of each county that applied for a grant under subsection (2). For the purposes of this subsection, operation and oversight grants are for education, communication, and outreach regarding the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430. Grants provided under this section must not be used for law enforcement purposes.
(2) Not later than December 1, the department shall post a listing of potential grant money available to each county on its website. In addition, the department shall work collaboratively with counties regarding the availability of these grant funds. A county requesting a grant shall apply on a form developed by the department and available on its website. The form shall contain the county’s specific projected plan for use of the money and its agreement to maintain all records and to submit documentation to the department to support the use of the grant money.
(3) In order to be eligible to receive a grant under subsection (1), a county shall apply not later than January 1 and agree to report how the grant was expended and to provide that report to the department not later than September 15. The department shall submit a report not later than October 15 of the subsequent fiscal year to the state budget director, the subcommittees, and the senate and house fiscal agencies detailing the grant amounts by recipient and the reported uses of the grants in the preceding fiscal year.
Sec. 902. (1) The amount appropriated in part 1 for firefighter training grants shall only be expended for payments to counties to reimburse organized fire departments for firefighter training and other activities required under the firefighters training council act, 1966 PA 291, MCL 29.361 to 29.377.
(2) If the amount appropriated in part 1 for firefighter training grants is expended by the firefighter training council, established in section 3 of the firefighters training council act, 1966 PA 291, MCL 29.363, for payments to counties under section 14 of the firefighters training council act, 1966 PA 291, MCL 29.374, it is the intent of the legislature that:
(a) The amount appropriated in part 1 for firefighter training grants shall be allocated pursuant to section 14(2) of the firefighters training council act, 1966 PA 291, MCL 29.374.
(b) If the amount allocated to any county under subdivision (a) is less than $5,000.00, the amounts disbursed to each county under subdivision (a) shall be adjusted to provide for a minimum payment of $5,000.00 to each county.
(3) Not later than February 1, the department shall submit a financial report to the subcommittees, the senate and house fiscal agencies, and the state budget director identifying the following information for the preceding fiscal year:
(a) The amount of the payments that would be made to each county if the distribution formula described by the first sentence of section 14(2) of the firefighters training council act, 1966 PA 291, MCL 29.374, would have been utilized to allocate the total amount appropriated in part 1 for firefighter training grants.
(b) The amount of the payments approved by the firefighter training council for allocation to each county.
(c) The amount of the payments actually expended or encumbered within each county.
(d) A description of any other payments or expenditures made under the authority of the firefighter training council.
(e) The amount of payments approved for allocations to counties that was not expended or encumbered and lapsed back to the fireworks safety fund.
Sec. 903. (1) The funds appropriated in part 1 for a regional or subregional library shall not be released until a budget for that regional or subregional library has been approved by the department for expenditures for library services directly serving the blind and persons with disabilities.
(2) In order to receive subregional state aid as appropriated in part 1, a regional or subregional library’s fiscal agency shall agree to maintain local funding support at the same level in the current fiscal year as in the fiscal agency’s preceding fiscal year. If a reduction in expenditures equally affects all agencies in a local unit of government that is the regional or subregional library’s fiscal agency, that reduction shall not be interpreted as a reduction in local support and shall not disqualify a regional or subregional library from receiving state aid under part 1. If a reduction in income affects a library cooperative or district library that is a regional or subregional library’s fiscal agency or a reduction in expenditures for the regional or subregional library’s fiscal agency, a reduction in expenditures for the regional or subregional library shall not be interpreted as a reduction in local support and shall not disqualify a regional or subregional library from receiving state aid under part 1.
Sec. 904. An indigent criminal defense system’s duty of compliance with 1 or more standards within a plan approved by the Michigan indigent defense commission is contingent upon receipt of a grant in an amount sufficient to cover that particular standard or standards, as provided in the Michigan indigent defense commission act, 2013 PA 93, MCL 780.981 to 780.1003.
Third: That the House and Senate agree to the title of the bill to read as follows:
A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
Tommy Brann
Chris Afendoulis
Ronnie D. Peterson
Conferees for the House
Marty Knollenberg
Jim Marleau
Coleman Young II
Conferees for the Senate
First Conference Report
The Committee of Conference on the matters of difference between the two Houses concerning
House Bill No. 5575, entitled
A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
Recommends:
First: That the Senate recede from the Substitute of the Senate as passed by the Senate.
Second: That the House and Senate agree to the Substitute of the House as passed by the House, amended to read as follows:
A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of insurance and financial services for the fiscal year ending September 30, 2019, from the following funds:
DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............................................................................6.0
Full-time equated classified positions.............................................................................336.5
GROSS APPROPRIATION.......................................................................................................... $ 67,971,900
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers................................................... 713,800
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 67,258,100
Federal revenues:
Total federal revenues................................................................................................................... 2,017,300
Special revenue funds:
Total other state restricted revenues............................................................................................. 64,690,800
State general fund/general purpose.............................................................................................. $ 550,000
State general fund/general purpose schedule:
Ongoing state general fund/general purpose...............................................................150,000
One-time state general fund/general purpose..............................................................400,000
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............................................................................6.0
Full-time equated classified positions...............................................................................22.5
Unclassified salaries—6.0 FTE positions..................................................................................... $ 784,500
Administrative hearings................................................................................................................ 182,500
Department services—19.0 FTE positions................................................................................... 3,801,200
Executive director programs—3.5 FTE positions........................................................................ 1,075,900
Property management................................................................................................................... 1,245,400
Worker’s compensation................................................................................................................. 4,200
GROSS APPROPRIATION.......................................................................................................... $ 7,093,700
Appropriated from:
Special revenue funds:
Bank fees...................................................................................................................................... 512,300
Captive insurance regulatory and supervision fund..................................................................... 2,900
Consumer finance fees................................................................................................................. 201,100
Credit union fees.......................................................................................................................... 862,200
Deferred presentment service transaction fees............................................................................. 272,000
Insurance bureau fund.................................................................................................................. 2,451,800
Insurance continuing education fees............................................................................................ 64,200
Insurance licensing and regulation fees....................................................................................... 1,915,600
MBLSLA fund.............................................................................................................................. 660,300
Multiple employer welfare arrangement...................................................................................... 1,300
State general fund/general purpose.............................................................................................. $ 150,000
Sec. 103. INSURANCE AND FINANCIAL SERVICES REGULATION
Full-time equated classified positions.............................................................................314.0
Consumer services and protection—64.0 FTE positions............................................................. $ 8,803,600
Financial institutions evaluation—132.0 FTE positions............................................................... 24,633,100
Insurance evaluation—118.0 FTE positions................................................................................. 24,789,600
GROSS APPROPRIATION.......................................................................................................... $ 58,226,300
Appropriated from:
Interdepartmental grant revenues:
IDG from LARA, debt management............................................................................................ 713,800
Federal revenues:
Federal revenues........................................................................................................................... 2,017,300
Special revenue funds:
Bank fees...................................................................................................................................... 5,737,100
Captive insurance regulatory and supervision fund..................................................................... 289,200
Consumer finance fees................................................................................................................. 2,997,200
Credit union fees.......................................................................................................................... 8,141,100
Deferred presentment service transaction fees............................................................................. 3,315,400
Insurance bureau fund.................................................................................................................. 21,406,800
Insurance continuing education fees............................................................................................ 957,000
Insurance licensing and regulation fees....................................................................................... 6,421,100
MBLSLA fund.............................................................................................................................. 5,946,800
Multiple employer welfare arrangement...................................................................................... 283,500
State general fund/general purpose.............................................................................................. $ 0
Sec. 104. INFORMATION TECHNOLOGY
Information technology services and projects.............................................................................. $ 2,251,900
GROSS APPROPRIATION.......................................................................................................... $ 2,251,900
Appropriated from:
Special revenue funds:
Bank fees...................................................................................................................................... 225,500
Consumer finance fees................................................................................................................. 93,000
Credit union fees.......................................................................................................................... 369,100
Deferred presentment service transaction fees............................................................................. 113,300
Insurance bureau fund.................................................................................................................. 440,700
Insurance continuing education fees............................................................................................ 22,800
Insurance licensing and regulation fees....................................................................................... 727,600
MBLSLA fund.............................................................................................................................. 259,900
State general fund/general purpose.............................................................................................. $ 0
Sec. 105. ONE-TIME APPROPRIATIONS
Insurance evaluation enhancement............................................................................................... $ 400,000
GROSS APPROPRIATION.......................................................................................................... $ 400,000
Appropriated from:
State general fund/general purpose.............................................................................................. $ 400,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2018-2019
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for fiscal year 2018-2019 is $65,240,800.00 and state spending from state sources to be paid to local units of government for fiscal year 2018-2019 is $0.
Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) “Department” means the department of insurance and financial services.
(b) “Director” means the director of the department.
(c) “FTE” means full-time equated.
(d) “IDG” means interdepartmental grant.
(e) “LARA” means the department of licensing and regulatory affairs.
(f) “MBLSLA fund” means the restricted account established under section 8 of the mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL 445.1658.
(g) “Subcommittees” means the subcommittees of the house of representatives and senate appropriations committees with jurisdiction over the budget for the department.
Sec. 204. The department and agencies receiving appropriations in this part and part 1 shall use the internet to fulfill the reporting requirements of this part. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an internet or intranet site.
Sec. 205. Funds appropriated in this part and part 1 must not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 206. The director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.
Sec. 207. (1) Out-of-state travel shall be limited to situations where the travel is approved by a departmental employee’s immediate supervisor and in which 1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of Michigan citizens or visitors or to assist other states in similar circumstances.
(c) The travel is necessary to produce budgetary savings or to increase state revenues, including protecting existing federal funds or securing additional federal funds.
(d) The travel is necessary to comply with federal requirements.
(e) The travel is necessary to secure specialized training for staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate funds.
(2) The department shall not approve the travel of more than 1 departmental employee to a specific professional development conference or training seminar that is located outside of this state unless a professional development conference or training seminar is funded by a federal or private funding source and requires more than 1 individual from the department to attend, or the conference or training seminar includes multiple issues in which 1 employee from the department does not have expertise.
(3) Not later than January 1, the department shall prepare a travel report listing all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The department shall submit the report to the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget director. The report must include the following information:
(a) The name of each person receiving reimbursement for travel outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel occurrence.
(e) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the immediately preceding fiscal year.
Sec. 208. Funds appropriated in this part and part 1 must not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.
Sec. 209. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report must summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The state budget office shall transmit the report to the chairpersons of the senate and house of representatives appropriations committees and the senate and house fiscal agencies.
Sec. 210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 211. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency:
(a) Fiscal-year-to-date expenditures by category.
(b) Fiscal-year-to-date expenditures by appropriation unit.
(c) Fiscal-year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 212. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house of representatives appropriations committee chairs, the senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2018 and September 30, 2019.
Sec. 213. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department’s performance.
Sec. 214. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2019 are estimated at $9,513,100.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $4,385,700.00. Total agency appropriations for retiree health care legacy costs are estimated at $5,127,400.00.
Sec. 215. Unless prohibited by law, the department may accept credit card or other electronic means of payment for licenses, fees, or permits.
Sec. 218. The department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff.
Sec. 219. The department shall not develop or produce any television or radio productions.
Sec. 220. The department, in conjunction with the department of health and human services, shall maintain an accounting structure within this state’s accounting system that will allow expenditures associated with the administration of the Healthy Michigan plan to be identified.
Sec. 221. The amount appropriated from the general fund in part 1 for executive director programs may only be expended to comply with reporting requirements regarding the Healthy Michigan plan under section 105d(9) of the social welfare act, 1939 PA 280, MCL 400.105d.
INSURANCE AND FINANCIAL SERVICES REGULATION
Sec. 301. The department shall provide a report to the subcommittees, the senate and house fiscal agencies, and the state budget director by September 30 based on the annual rate filings from health insurance issuers that includes all of the following:
(a) The number that are approved by the department.
(b) The number that are denied by the department.
(c) The percentage of rate filings processed within the applicable statutory time frames.
(d) The average number of calendar days to process rate filings.
Sec. 302. In addition to the funds appropriated in part 1, the funds collected by the department in connection with a conservatorship under section 32 of the mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL 445.1682, and funds collected by the department from corporations being liquidated under the insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302, must be appropriated for all expenses necessary to provide for the required services. Funds are available for expenditure when they are received by the department of treasury and must not lapse to the general fund at the end of the fiscal year.
Sec. 303. The department may make available to interested entities customized listings of nonconfidential information in its possession. The department may establish and collect a reasonable charge to provide this service. The revenue from this service is appropriated when received and must be used to offset expenses to provide the service. Any balance of this revenue collected and unexpended at the end of the fiscal year must lapse to the appropriate restricted fund.
ONE-TIME APPROPRIATIONS
Sec. 401. (1) From the funds appropriated in part 1 for insurance evaluation enhancement, by January 31, 2019, the department must complete a study led by an actuarial firm capable of supporting this state’s pursuit of a state innovation waiver under section 1332 of the patient protection and affordable care act. The study must meet all criteria for a section 1332 state innovation waiver found at 45 CFR Part 155. The study must include analyses, actuarial certifications data, assumptions, targets, and other information sufficient to provide the secretary of the United States Department of Health and Human Services and the secretary of the United States Department of Treasury with the necessary data to determine whether this state’s proposed waiver would do all of the following:
(a) Provide coverage that is at least as comprehensive as the coverage defined in section 1203(b) of the patient protection and affordable care act.
(b) Provide coverage and cost sharing protections against excessive out-of-pocket spending that are at least as affordable as the provisions of title I of the patient protection and affordable care act.
(c) Provide coverage to a comparable number of its residents as the provisions of title I of the patient protection and affordable care act would provide.
(d) Not increase the federal deficit.
(2) The study under subsection (1) must create any actuarial analyses and certifications necessary to determine whether the estimates will comply with the above requirements. The study must produce an economic analysis to provide a detailed 10 year budget plan that is deficit neutral to the federal government and detailed analyses regarding the estimated impact of the waiver on health insurance coverage in this state.
Third: That the House and Senate agree to the title of the bill to read as follows:
A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
Tommy Brann
Chris Afendoulis
Ronnie D. Peterson
Conferees for the House
Marty Knollenberg
Jim Marleau
Coleman Young II
Conferees for the Senate
Reports of Standing Committees
The Committee on Agriculture, by Rep. Barrett, Chair, reported
House Bill No. 6050, entitled
A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending section 22 (MCL 287.1122), as amended by 2013 PA 8.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Barrett, Alexander, Lauwers, Howell, Albert, Calley, Frederick, Elder and Cambensy
Nays: Rep. Sabo
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Barrett, Chair, of the Committee on Agriculture, was received and read:
Meeting held on: Wednesday, June 6, 2018
Present: Reps. Barrett, Alexander, Lauwers, Howell, Albert, Calley, Frederick, Elder, Sabo and Cambensy
Absent: Reps. Phelps and Sneller
Excused: Reps. Phelps and Sneller
The Committee on Michigan Competitiveness, by Rep. Chatfield, Chair, reported
House Bill No. 6064, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 8E.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Chatfield, Lilly, Cole, Vaupel, Rendon, Wentworth, Geiss, Hammoud and Yancey
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Chatfield, Chair, of the Committee on Michigan Competitiveness, was received and read:
Meeting held on: Wednesday, June 6, 2018
Present: Reps. Chatfield, Lilly, Cole, Vaupel, Rendon, Wentworth, Geiss, Hammoud and Yancey
The Committee on Tax Policy, by Rep. Tedder, Chair, reported
Senate Bill No. 469, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding sections 266a and 675.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Tedder, Maturen, Leutheuser, Lucido, Vaupel, Kahle, Byrd and Ellison
Nays: Reps. Johnson and Lower
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Tedder, Chair, of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, June 6, 2018
Present: Reps. Tedder, Maturen, Howrylak, Leutheuser, Lucido, Vaupel, Johnson, Kahle, Lower, Byrd and Ellison
Absent: Reps. Neeley and Yancey
Excused: Reps. Neeley and Yancey
The Committee on Natural Resources, by Rep. Howell, Chair, reported
House Bill No. 5836, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 44522, 80141, 80212, 80213, and 80221 (MCL 324.44522, 324.80141, 324.80212, 324.80213, and 324.80221), section 44522 as amended by 2012 PA 294, sections 80141 and 80212 as amended by 2012 PA 120, and sections 80213 and 80221 as added by 2000 PA 229; and to repeal acts and parts of acts.
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, LaFave, Maturen, Bellino, Rendon, VanderWall, Sowerby, Chang and Cambensy
Nays: None
The Committee on Natural Resources, by Rep. Howell, Chair, reported
House Bill No. 5866, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 48703, 48703a, 48705, 48710, 48711, 48712, 48721, 48727, and 48735 (MCL 324.48703, 324.48703a, 324.48705, 324.48710, 324.48711, 324.48712, 324.48721, 324.48727, and 324.48735), section 48703 as amended by 2012 PA 471, section 48703a as amended by 2016 PA 382, sections 48705 and 48710 as amended by 2018 PA 36, sections 48711, 48712, and 48727 as added by 1995 PA 57, section 48721 as amended by 2010 PA 30, and section 48735 as amended by 2003 PA 270; and to repeal acts and parts of acts.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, LaFave, Maturen, Bellino, Rendon, VanderWall, Sowerby, Chang and Cambensy
Nays: None
The Committee on Natural Resources, by Rep. Howell, Chair, reported
House Bill No. 5889, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 30711 (MCL 324.30711), as added by 1995 PA 59.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, LaFave, Maturen, Bellino, Rendon, VanderWall, Sowerby, Chang and Cambensy
Nays: None
The Committee on Natural Resources, by Rep. Howell, Chair, reported
House Bill No. 5988, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 80221 (MCL 324.80221), as added by 2000 PA 229.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, LaFave, Maturen, Bellino, Rendon, VanderWall, Sowerby, Chang and Cambensy
Nays: None
The Committee on Natural Resources, by Rep. Howell, Chair, reported
House Bill No. 5989, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 80213 (MCL 324.80213), as added by 2000 PA 229.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, LaFave, Maturen, Bellino, Rendon, VanderWall, Sowerby, Chang and Cambensy
Nays: None
The Committee on Natural Resources, by Rep. Howell, Chair, reported
Senate Bill No. 542, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 8316b.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, LaFave, Maturen, Bellino, Rendon, Sowerby, Chang and Cambensy
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Howell, Chair, of the Committee on Natural Resources, was received and read:
Meeting held on: Wednesday, June 6, 2018
Present: Reps. Howell, LaFave, Maturen, Bellino, Rendon, VanderWall, Sowerby, Chang and Cambensy
The Committee on Financial Liability Reform, by Rep. Albert, Chair, reported
House Bill No. 6052, entitled
A bill to evaluate certain economic development incentives; to report those evaluations and make certain recommendations; and to impose certain powers and duties on certain state employees and officials.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Albert, McCready, Leutheuser, Lucido, Maturen, Wittenberg, Scott and Sneller
Nays: Rep. Reilly
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Albert, Chair, of the Committee on Financial Liability Reform, was received and read:
Meeting held on: Wednesday, June 6, 2018
Present: Reps. Albert, Reilly, McCready, Leutheuser, Lucido, Maturen, Wittenberg, Scott and Sneller
The Committee on Regulatory Reform, by Rep. Iden, Chair, reported
House Bill No. 5376, entitled
A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending section 4 (MCL 125.1504), as amended by 2012 PA 504.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Iden, Kesto, Crawford, Theis, Webber, Griffin, Hauck, Hoitenga and Dianda
Nays: Reps. Reilly, Moss, Chirkun, Liberati and Love
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Iden, Chair, of the Committee on Regulatory Reform, was received and read:
Meeting held on: Wednesday, June 6, 2018
Present: Reps. Iden, Bellino, Kesto, Crawford, Theis, Webber, Griffin, Hauck, Hoitenga, Reilly, Moss, Dianda, Chirkun, Liberati, Love and Jones
The Committee on Appropriations, by Rep. Cox, Chair, reported
Senate Bill No. 941, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 2 (MCL 388.1602), as amended by 2011 PA 62, and by adding article V.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Cox, VerHeulen, Kelly, Pagel, Victory, Afendoulis, Bizon, Canfield, Inman, Miller, Allor, Brann, Hernandez, LaSata, Marino, VanSingel, Whiteford, Yaroch, Kosowski, Yanez, Hoadley, Pagan and Peterson
Nays: Rep. Rabhi
The Committee on Appropriations, by Rep. Cox, Chair, reported
Senate Bill No. 942, entitled
A bill to amend 1975 PA 222, entitled “Higher education loan authority act,” by amending sections 2 and 4 (MCL 390.1152 and 390.1154), section 2 as amended by 1987 PA 206 and section 4 as amended by 2007 PA 34, and by adding section 8a.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Cox, VerHeulen, Kelly, Pagel, Victory, Afendoulis, Bizon, Canfield, Inman, Miller, Allor, Brann, Hernandez, LaSata, Marino, VanSingel, Whiteford, Yaroch, Kosowski, Yanez, Hoadley and Pagan
Nays: Rep. Rabhi
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cox, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Wednesday, June 6, 2018
Present: Reps. Cox, VerHeulen, Kelly, Pagel, Victory, Afendoulis, Bizon, Canfield, Inman, Miller, Allor, Brann, Hernandez, LaSata, Marino, VanSingel, Whiteford, Yaroch, Durhal, Cochran, Kosowski, Yanez, Hoadley, Pagan, LaGrand, Peterson, Rabhi and Santana
Absent: Rep. Faris
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lower, Chair, of the Committee on Local Government, was received and read:
Meeting held on: Wednesday, June 6, 2018
Present: Reps. Lower, Crawford, Runestad, Howell, Alexander, Frederick, Hauck, Green, Moss, Ellison and Cambensy
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Vaupel, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Wednesday, June 6, 2018
Present: Reps. Vaupel, Graves, Garcia, Sheppard, Calley, Farrington, Hauck, Kahle, Noble, Brinks, Garrett, Ellison, Hammoud and Hertel
Absent: Reps. Tedder, Hornberger and Neeley
Messages from the Senate
House Bill No. 5283, entitled
A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending section 2 (MCL 125.2652), as amended by 2017 PA 46.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5391, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 33, 657, 658, 660, and 662 (MCL 257.33, 257.657, 257.658, 257.660, and 257.662), sections 33 and 657 as amended by 2017 PA 139, section 658 as amended by 2012 PA 589, and sections 660 and 662 as amended by 2015 PA 126, and by adding section 13f.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5436, entitled
A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 12 (MCL 125.2792).
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5638, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 32706c (MCL 324.32706c), as added by 2008 PA 181.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5662, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81133 (MCL 324.81133), as amended by 2016 PA 288.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4360, entitled
A bill to prohibit a local government or law enforcement agency from operating a motor vehicle storage facility; to prohibit a local government or law enforcement agency from accepting consideration from an authorized vendor that operates a motor vehicle storage facility; to prohibit a local government or law enforcement agency from requiring an authorized vendor to deliver a motor vehicle to a motor vehicle storage facility operated by a different authorized vendor; to provide for exceptions; to prescribe the powers and duties of certain state and local departments, entities, and officials; to prescribe the powers and duties of certain law enforcement agencies; and to provide for remedies and penalties.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and amended the title to read as follows:
A bill to prohibit a local government or law enforcement agency from operating a motor vehicle storage facility or towing operation; to prohibit a local government or law enforcement agency from accepting consideration from an authorized vendor that operates a motor vehicle storage facility; to prohibit a local government or law enforcement agency from requiring an authorized vendor to deliver a motor vehicle to a motor vehicle storage facility operated by a different authorized vendor; to provide for exceptions; to prescribe the powers and duties of certain state and local departments, entities, and officials; to prescribe the powers and duties of certain law enforcement agencies; and to provide for remedies and penalties.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 5435, entitled
A bill to amend 2005 PA 210, entitled “Commercial rehabilitation act,” by amending section 12 (MCL 207.852).
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Senate Bill No. 664, entitled
A bill to amend 2003 PA 238, entitled “Michigan notary public act,” by amending sections 3, 5, 7, 15, and 27 (MCL 55.263, 55.265, 55.267, 55.275, and 55.287), section 5 as amended by 2006 PA 426, section 15 as amended by 2006 PA 510, and section 27 as amended by 2006 PA 155, and by adding sections 26, 26a, and 54.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Financial Services.
Senate Bill No. 962, entitled
A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending sections 3, 4, and 26a (MCL 400.703, 400.704, and 400.726a), sections 3 and 4 as amended by 2016 PA 525 and section 26a as amended by 2017 PA 156.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 963, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 18a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Senate Bill No. 996, entitled
A bill to amend 2003 PA 238, entitled “Michigan notary public act,” by amending the title and sections 1 and 11 (MCL 55.261 and 55.271), section 11 as amended by 2006 PA 510, and by adding section 25a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Financial Services.
Senate Bill No. 997, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2102 (MCL 600.2102), as amended by 2012 PA 361.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Financial Services.
Senate Bill No. 998, entitled
A bill to repeal 1969 PA 57, entitled “Uniform recognition of acknowledgments act,” (MCL 565.261 to 565.270).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Financial Services.
Senate Bill No. 999, entitled
A bill to amend 2010 PA 123, entitled “Uniform real property electronic recording act,” by amending sections 4 and 5 (MCL 565.844 and 565.845), section 5 as amended by 2014 PA 569.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Financial Services.
Senate Bill No. 1036, entitled
A bill to authorize the department of technology, management, and budget to convey or transfer parcels of state-owned property in Ionia, Grand Traverse, and Tuscola Counties; to prescribe conditions for the conveyances; to provide for the powers and duties of certain state departments in regard to the property; and to provide for the disposition of revenue derived from the conveyances.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Notices
Waiver of
Remaining Session Days
TO: Katie Sowton, Acting Director Office of Performance and Transformation, Office of Regulatory Reinvention Secretary of the Senate Clerk of the House
FROM: Senator Jim Stamas, Chair Representative Steven Johnson, Alternate Chair
DATE: June 5, 2018
Pursuant to MCL 24.245a(1) the Joint Committee on Administrative Rules has by a concurrent majority vote, waived the remaining session days for the following rule set:
Department of Environmental Quality
Oil, Gas, and Minerals Division
Oil and Gas Operations
(2017-017 EQ)(JCAR 18-20)
According to MCL 24.245a(3), if the Committee waives the remaining session days, the Office of Regulatory Reinvention may immediately file the rule.
Sincerely,
Senator Jim Stamas Representative Steven Johnson
Chair Alternate Chair
Introduction of Bills
Reps. LaSata and Lilly introduced
House Bill No. 6107, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 544c, 590h, 685, and 954 (MCL 168.544c, 168.590h, 168.685, and 168.954), section 544c as amended by 2014 PA 418, section 590h as amended by 2002 PA 431, section 685 as amended by 2017 PA 113, and section 954 as amended by 2003 PA 302, and by adding section 482a.
The bill was read a first time by its title and referred to the Committee on Elections and Ethics.
Reps. Lilly and LaSata introduced
House Bill No. 6108, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11d of chapter XVII (MCL 777.11d), as amended by 2018 PA 124.
The bill was read a first time by its title and referred to the Committee on Elections and Ethics.
Rep. Miller introduced
House Bill No. 6109, entitled
A bill to create the office of state poet laureate in the department of education; to provide for the appointment and term of certain state officers; and to impose duties and responsibilities on certain state officers.
The bill was read a first time by its title and referred to the Committee on Workforce and Talent Development.
Reps. Iden, Griffin, Bellino, Hoitenga, Moss and Theis introduced
House Bill No. 6110, entitled
A bill to amend 1974 PA 381, entitled “An act to encourage and contribute to the rehabilitation of former offenders and to assist them in the assumption of the responsibilities of citizenship; to prescribe the use of the term “good moral character” or similar term as a requirement for an occupational or professional license or when used as a requirement to establish or operate an organization or facility regulated by this state; and to provide administrative and judicial procedures to contest licensing board or agency rulings thereon,” by amending the title and sections 1, 2, 3, 4, 5, 6, and 7 (MCL 338.41, 338.42, 338.43, 338.44, 338.45, 338.46, and 338.47), section 2 as amended by 2014 PA 361.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Griffin, Iden, Hoitenga, Bellino and Moss introduced
House Bill No. 6111, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16104 and 21755 (MCL 333.16104 and 333.21755), section 16104 as amended by 2011 PA 210.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Hoitenga, Bellino, Griffin, Iden, Moss and Theis introduced
House Bill No. 6112, entitled
A bill to amend 2016 PA 407, entitled “Skilled trades regulation act,” by amending section 105 (MCL 339.5105).
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Bellino, Iden, Hoitenga, Griffin and Moss introduced
House Bill No. 6113, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 104 (MCL 339.104), as amended by 2016 PA 412.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Theis, Hoitenga, Bellino, Griffin, Moss and Iden introduced
House Bill No. 6114, entitled
A bill to amend 1986 PA 268, entitled “Legislative council act,” (MCL 4.1101 to 4.1901) by adding section 404.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Theis and Bellino introduced
House Bill No. 6115, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2080 (MCL 500.2080), as amended by 2008 PA 513.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Kosowski and Camilleri introduced
House Bill No. 6116, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” (MCL 247.651 to 247.675) by adding section 11j.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Reps. Camilleri and Kosowski introduced
House Bill No. 6117, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” (MCL 247.651 to 247.675) by adding section 11k.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Rep. Kosowski introduced
House Bill No. 6118, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3104 (MCL 500.3104), as amended by 2002 PA 662.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Wittenberg, Hammoud, Zemke, Rabhi, Cochran, Pagan, Liberati, Gay-Dagnogo, Robinson, Greimel, LaGrand, Durhal, Neeley, Phelps, Santana, Lasinski, Moss and Jones introduced
House Bill No. 6119, entitled
A bill to require disclosure of the basis for representing food to be halal or kosher and impose fines; to prohibit the sale and distribution of food represented to be halal or kosher that does not conform to the required disclosure; to prescribe penalties and allow remedies; to require the promulgation of rules; and to provide for the powers and duties of certain state governmental officers and entities.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Reps. Hammoud, Wittenberg, Zemke, Rabhi, Cochran, Pagan, Liberati, Gay-Dagnogo, Robinson, Greimel, LaGrand, Durhal, Neeley, Phelps, Lasinski, Moss and Jones introduced
House Bill No. 6120, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 297e and 297f (MCL 750.297e and 750.297f), section 297f as added by 2002 PA 207.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Reps. Barrett, Hughes, Glenn, Lucido, LaFave, Frederick, Alexander and Hammoud introduced
House Bill No. 6121, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2015 PA 161.
The bill was read a first time by its title and referred to the Committee on Military and Veterans Affairs.
Reps. Barrett, LaFave and Frederick introduced
House Bill No. 6122, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11506 (MCL 324.11506), as amended by 2014 PA 178.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Reps. VanSingel and Miller introduced
House Bill No. 6123, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32801 and 32803 (MCL 324.32801 and 324.32803), as amended by 2008 PA 189.
The bill was read a first time by its title and referred to the Committee on Natural Resources.
Announcements by the Clerk
The Clerk received the following dissent from Rep. Rabhi:
I dissent to moving the initiative petition to repeal prevailing wage to 3rd reading. This initiative petition should be sent to the voters to decide and should not be passed legislatively.
The Clerk received the following dissent from Rep. Wittenberg:
Pursuant to Rule 31, I hereby protest granting immediate effect to the initiative petition repealing 1965 PA 166, which requires prevailing wages and fringe benefits on state projects. Despite the presiding officer’s declaration to the contrary, it is without question that the motion for immediate effect was not supported by the two-thirds vote required by Article IV, Section 27 of the Michigan Constitution and House Rule 52.
The People of Michigan, by adopting the Michigan Constitution of 1963, have imposed on this legislature a requirement that “[n]o act shall take effect until the expiration of 90 days from the end of the session at which it was passed.” Const. 1963, Art. IV, § 27. The Constitution further provides that “the legislature may give immediate effect to acts by a two-thirds vote of the members elected to and serving in each house.” The extraordinary vote requirement for immediate effect is a mandate, not a suggestion. The Members of this House and the presiding officer have a clear legal duty to adhere to this requirement.
Forty-six Members of this chamber timely requested a roll call vote of the ayes and nays on immediate effect, both orally and via a written petition submitted to the presiding officer and the Clerk of the House of Representatives. In addition, the petition gave notice to the presiding officer that each signatory intended to vote ‘no’ on the motion for immediate effect. I must note that the presiding officer’s refusal to recognize a proper request that the vote on immediate effect be taken by a roll call vote of the ayes and nays was a clear violation of Article 4, Section 18 of the Michigan Constitution and Rule 12. More importantly, with forty-six Members of this chamber having given notice of their intention to vote no on the immediate effect motion, it is evident that the motion lacked the required two-thirds vote. As such, the presiding officer’s declaration that the Initiative petition was granted immediate effect is a violation of both the Michigan Constitution and the Rules of this House.
The People of Michigan have clearly established a procedure that this House is to follow when taking legislative action. The presiding officer and this chamber failed to follow the required procedure today. I protest their wrongful action and this “vote” in the strongest possible terms.
The Clerk received the following dissent from Reps. Greig, Jones, Yancey, Ellison, Rabhi, Guerra, Green, Chang, Moss, Love, Clemente, Camilleri, Elder, Geiss, Yanez, Cambensy, Singh, LaGrand, Liberati, Sowerby, Cochran, Phelps, Hertel, Zemke, Sneller, Hammoud, Peterson and Greimel:
I protest the presiding officer’s violations of both the Rules of the House and the Michigan Constitution during the conduct of the vote on passing and approving immediate effect for the initiative petition repealing 1965 PA 166, which requires prevailing wages and fringe benefits on state projects. Despite the presiding officer’s declaration to the contrary, it is without question that the motion for immediate effect was not supported by the two-thirds vote required by Article IV, Section 27 of the Michigan Constitution and House Rule 52. Moreover, the presiding officer refused to acknowledge and address timely points of order and appeals from numerous members of the House.
The People of Michigan, by adopting the Michigan Constitution of 1963, have imposed on this legislature a requirement that “[n]o act shall take effect until the expiration of 90 days from the end of the session at which it was passed.” Const. 1963, Art. IV, § 27. The Constitution further provides that “the legislature may give immediate effect to acts by a two-thirds vote of the members elected to and serving in each house.” The extraordinary vote requirement for immediate effect is a mandate, not a suggestion. The Members of this House and the presiding officer have a clear legal duty to adhere to this requirement.
Forty-six Members of this chamber timely requested a roll call vote of the ayes and nays on immediate effect, both orally and via a written petition submitted to the presiding officer and the Clerk of the House of Representatives. In addition, the petition gave notice to the presiding officer that each signatory intended to vote ‘no’ on the motion for immediate effect. I must note that the presiding officer’s refusal to recognize a proper request that the vote on immediate effect be taken by a roll call vote of the ayes and nays was a clear violation of Article 4, Section 18 of the Michigan Constitution and Rule 12. More importantly, with forty-six Members of this chamber having given notice of their intention to vote no on the immediate effect motion, it is evident that the motion lacked the required two-thirds vote. As such, the presiding officer’s declaration that the Initiative petition was granted immediate effect is a violation of both the Michigan Constitution and the Rules of this House.
The People of Michigan have clearly established a procedure that this House is to follow when taking legislative action. The presiding officer and this chamber failed to follow the required procedure today. I protest their wrongful action and this “vote” in the strongest possible terms. The conduct of the presiding officer and this chamber today is unlawful.
The Clerk received the following dissent from Rep. Gay-Dagnogo:
No Vote Explanation on Prevailing Wage Initiative Petition Immediate Effect
I protest the presiding officer’s violations of both the Rules of the House and the Michigan Constitution during the conduct of the vote on passing and approving immediate effect for the initiative petition repealing 1965 PA 166, which requires prevailing wages and fringe benefits on state projects. Despite the presiding officer’s declaration to the contrary, it is without question that the motion for immediate effect was not supported by the two-thirds vote required by Article IV, Section 27 of the Michigan Constitution and House Rule 52. Moreover, the presiding officer refused to acknowledge and address timely points of order and appeals from numerous members of the House.
The People of Michigan, by adopting the Michigan Constitution of 1963, have imposed on this legislature a requirement that “[n]o act shall take effect until the expiration of 90 days from the end of the session at which it was passed.” Const. 1963, Art. IV, § 27. The Constitution further provides that “the legislature may give immediate effect to acts by a two-thirds vote of the members elected to and serving in each house.” The extraordinary vote requirement for immediate effect is a mandate, not a suggestion. The Members of this House and the presiding officer have a clear legal duty to adhere to this requirement.
Forty-six Members of this chamber timely requested a roll call vote of the ayes and nays on immediate effect, both orally and via a written petition submitted to the presiding officer and the Clerk of the House of Representatives. In addition, the petition gave notice to the presiding officer that each signatory intended to vote ‘no’ on the motion for immediate effect. I must note that the presiding officer’s refusal to recognize a proper request that the vote on immediate effect be taken by a roll call vote of the ayes and nays was a clear violation of Article 4, Section 18 of the Michigan Constitution and Rule 12. More importantly, with forty-six Members of this chamber having given notice of their intention to vote no on the immediate effect motion, it is evident that the motion lacked the required two-thirds vote. As such, the presiding officer’s declaration that the Initiative petition was granted immediate effect is a violation of both the Michigan Constitution and the Rules of this House.
The People of Michigan have clearly established a procedure that this House is to follow when taking legislative action. The presiding officer and this chamber failed to follow the required procedure today. I protest their wrongful action and this “vote” in the strongest possible terms. The conduct of the presiding officer and this chamber today is unlawful.
The Clerk received the following dissent from Rep. Hoadley:
I protest the violations of both the Rules of the House and the Michigan Constitution during the conduct of the vote on passing and approving immediate effect for the initiative petition repealing 1965 PA 166, which requires prevailing wages and fringe benefits on state projects. Despite the presiding officer’s declaration to the contrary, it is without question that the motion for immediate effect was not supported by the two-thirds vote required by Article IV, Section 27 of the Michigan Constitution and House Rule 52. Moreover, the presiding officer refused to acknowledge and address timely points of order and appeals from numerous members of the House.
The People of Michigan, by adopting the Michigan Constitution of 1963, have imposed on this legislature a requirement that “[n]o act shall take effect until the expiration of 90 days from the end of the session at which it was passed.” Const. 1963, Art. IV, § 27. The Constitution further provides that “the legislature may give immediate effect to acts by a two-thirds vote of the members elected to and serving in each house.” The extraordinary vote requirement for immediate effect is a mandate, not a suggestion. The Members of this House and the presiding officer have a clear legal duty to adhere to this requirement.
Forty-six Members of this chamber timely requested a roll call vote of the ayes and nays on immediate effect, both orally and via a written petition submitted to the presiding officer and the Clerk of the House of Representatives. In addition, the petition gave notice to the presiding officer that each signatory intended to vote ‘no’ on the motion for immediate effect. I must note that the presiding officer’s refusal to recognize a proper request that the vote on immediate effect be taken by a roll call vote of the ayes and nays was a clear violation of Article 4, Section 18 of the Michigan Constitution and Rule 12. More importantly, with forty-six Members of this chamber having given notice of their intention to vote no on the immediate effect motion, it is evident that the motion lacked the required two-thirds vote. As such, the presiding officer’s declaration that the Initiative petition was granted immediate effect is a violation of both the Michigan Constitution and the Rules of this House.
The People of Michigan have clearly established a procedure that this House is to follow when taking legislative action. The presiding officer and this chamber failed to follow the required procedure today. I protest their wrongful action and this “vote” in the strongest possible terms.
The Clerk received the following dissent from Rep. Chirkun:
No Vote Explanation on PWage Initiative Petition Immediate Effect
I protest the violations of both the Rules of the House and the Michigan Constitution during the conduct of the vote on passing and approving immediate effect for the initiative petition repealing 1965 PA 166, which requires prevailing wages and fringe benefits on state projects. Despite the presiding officer’s declaration to the contrary, it is without question that the motion for immediate effect was not supported by the two-thirds vote required by Article IV, Section 27 of the Michigan Constitution and House Rule 52. Moreover, the presiding officer refused to acknowledge and address timely points of order and appeals from numerous members of the House.
The People of Michigan, by adopting the Michigan Constitution of 1963, have imposed on this legislature a requirement that “[n]o act shall take effect until the expiration of 90 days from the end of the session at which it was passed.” Const. 1963, Art. IV, § 27. The Constitution further provides that “the legislature may give immediate effect to acts by a two-thirds vote of the members elected to and serving in each house.” The extraordinary vote requirement for immediate effect is a mandate, not a suggestion. The Members of this House and the presiding officer have a clear legal duty to adhere to this requirement.
Forty-six Members of this chamber timely requested a roll call vote of the ayes and nays on immediate effect, both orally and via a written petition submitted to the presiding officer and the Clerk of the House of Representatives. In addition, the petition gave notice to the presiding officer that each signatory intended to vote ‘no’ on the motion for immediate effect. I must note that the presiding officer’s refusal to recognize a proper request that the vote on immediate effect be taken by a roll call vote of the ayes and nays was a clear violation of Article 4, Section 18 of the Michigan Constitution and Rule 12. More importantly, with forty-six Members of this chamber having given notice of their intention to vote no on the immediate effect motion, it is evident that the motion lacked the required two-thirds vote. As such, the presiding officer’s declaration that the Initiative petition was granted immediate effect is a violation of both the Michigan Constitution and the Rules of this House.
The People of Michigan have clearly established a procedure that this House is to follow when taking legislative action. The presiding officer and this chamber failed to follow the required procedure today. I protest their wrongful action and this “vote” in the strongest possible terms.
The Clerk received the following dissent from Reps. Faris, Pagan, Dianda and Byrd:
No Vote Explanation on PWage Initiative Petition Immediate Effect
I protest the presiding officer’s violations of both the Rules of the House and the Michigan Constitution during the conduct of the vote on passing and approving immediate effect for the initiative petition repealing 1965 PA 166, which requires prevailing wages and fringe benefits on state projects. Despite the presiding officer’s declaration to the contrary, it is without question that the motion for immediate effect was not supported by the two-thirds vote required by Article IV, Section 27 of the Michigan Constitution and House Rule 52. Moreover, the presiding officer refused to acknowledge and address timely points of order and appeals from numerous members of the House.
The People of Michigan, by adopting the Michigan Constitution of 1963, have imposed on this legislature a requirement that “[n]o act shall take effect until the expiration of 90 days from the end of the session at which it was passed.” Const. 1963, Art. IV, § 27. The Constitution further provides that “the legislature may give immediate effect to acts by a two-thirds vote of the members elected to and serving in each house.” The extraordinary vote requirement for immediate effect is a mandate, not a suggestion. The Members of this House and the presiding officer have a clear legal duty to adhere to this requirement.
Forty-six Members of this chamber timely requested a roll call vote of the ayes and nays on immediate effect, both orally and via a written petition submitted to the presiding officer and the Clerk of the House of Representatives. In addition, the petition gave notice to the presiding officer that each signatory intended to vote ‘no’ on the motion for immediate effect. I must note that the presiding officer’s refusal to recognize a proper request that the vote on immediate effect be taken by a roll call vote of the ayes and nays was a clear violation of Article 4, Section 18 of the Michigan Constitution and Rule 12. More importantly, with forty-six Members of this chamber having given notice of their intention to vote no on the immediate effect motion, it is evident that the motion lacked the required two-thirds vote. As such, the presiding officer’s declaration that the Initiative petition was granted immediate effect is a violation of both the Michigan Constitution and the Rules of this House.
The People of Michigan have clearly established a procedure that this House is to follow when taking legislative action. The presiding officer and this chamber failed to follow the required procedure today. I protest their wrongful action and this “vote” in the strongest possible terms. The conduct of the presiding officer and this chamber today is unlawful.
The Clerk received the following dissent from Rep. Lasinski:
This no vote explanation supersedes previous explanations entered.
I protest the presiding officer’s violations of both the Rules of the House and the Michigan Constitution during the conduct of the vote on passing and approving immediate effect for the initiative petition repealing 1965 PA 166, which requires prevailing wages and fringe benefits on state projects. Despite the presiding officer’s declaration to the contrary, it is without question that the motion for immediate effect was not supported by the two-thirds vote required by Article IV, Section 27 of the Michigan Constitution and House Rule 52. Moreover, the presiding officer refused to acknowledge and address timely points of order and appeals from numerous members of the House.
The People of Michigan, by adopting the Michigan Constitution of 1963, have imposed on this legislature a requirement that “[n]o act shall take effect until the expiration of 90 days from the end of the session at which it was passed.” Const. 1963, Art. IV, § 27. The Constitution further provides that “the legislature may give immediate effect to acts by a two-thirds vote of the members elected to and serving in each house.” The extraordinary vote requirement for immediate effect is a mandate, not a suggestion. The Members of this House and the presiding officer have a clear legal duty to adhere to this requirement.
Forty-six Members of this chamber timely requested a roll call vote of the ayes and nays on immediate effect, both orally and via a written petition submitted to the presiding officer and the Clerk of the House of Representatives. In addition, the petition gave notice to the presiding officer that each signatory intended to vote ‘no’ on the motion for immediate effect. I must note that the presiding officer’s refusal to recognize a proper request that the vote on immediate effect be taken by a roll call vote of the ayes and nays was a clear violation of Article 4, Section 18 of the Michigan Constitution and Rule 12. More importantly, with forty-six Members of this chamber having given notice of their intention to vote no on the immediate effect motion, it is evident that the motion lacked the required two-thirds vote. As such, the presiding officer’s declaration that the Initiative petition was granted immediate effect is a violation of both the Michigan Constitution and the Rules of this House.
The People of Michigan have clearly established a procedure that this House is to follow when taking legislative action. The presiding officer and this chamber failed to follow the required procedure today. I protest their wrongful action and this “vote” in the strongest possible terms. The conduct of the presiding officer and this chamber today is unlawful.
The Clerk received the following dissent from Rep. Sabo:
No Vote Explanation on PWage Initiative Petition Immediate Effect (Updated from previous submission)
I protest the presiding officer’s violations of both the Rules of the House and the Michigan Constitution during the conduct of the vote on passing and approving immediate effect for the initiative petition repealing 1965 PA 166, which requires prevailing wages and fringe benefits on state projects. Despite the presiding officer’s declaration to the contrary, it is without question that the motion for immediate effect was not supported by the two-thirds vote required by Article IV, Section 27 of the Michigan Constitution and House Rule 52. Moreover, the presiding officer refused to acknowledge and address timely points of order and appeals from numerous members of the House.
The People of Michigan, by adopting the Michigan Constitution of 1963, have imposed on this legislature a requirement that “[n]o act shall take effect until the expiration of 90 days from the end of the session at which it was passed.” Const. 1963, Art. IV, § 27. The Constitution further provides that “the legislature may give immediate effect to acts by a two-thirds vote of the members elected to and serving in each house.” The extraordinary vote requirement for immediate effect is a mandate, not a suggestion. The Members of this House and the presiding officer have a clear legal duty to adhere to this requirement.
Forty-six Members of this chamber timely requested a roll call vote of the ayes and nays on immediate effect, both orally and via a written petition submitted to the presiding officer and the Clerk of the House of Representatives. In addition, the petition gave notice to the presiding officer that each signatory intended to vote ‘no’ on the motion for immediate effect. I must note that the presiding officer’s refusal to recognize a proper request that the vote on immediate effect be taken by a roll call vote of the ayes and nays was a clear violation of Article 4, Section 18 of the Michigan Constitution and Rule 12. More importantly, with forty-six Members of this chamber having given notice of their intention to vote no on the immediate effect motion, it is evident that the motion lacked the required two-thirds vote. As such, the presiding officer’s declaration that the Initiative petition was granted immediate effect is a violation of both the Michigan Constitution and the Rules of this House.
The People of Michigan have clearly established a procedure that this House is to follow when taking legislative action. The presiding officer and this chamber failed to follow the required procedure today. I protest their wrongful action and this “vote” in the strongest possible terms. The conduct of the presiding officer and this chamber today is unlawful.
The Clerk received the following dissent from Rep. Garrett:
No Vote Explanation on PWage Initiative Petition Immediate Effect
I protest the violations of both the Rules of the House and the Michigan Constitution during the conduct of the vote on passing and approving immediate effect for the initiative petition repealing 1965 PA 166, which requires prevailing wages and fringe benefits on state projects. Despite the presiding officer’s declaration to the contrary, it is without question that the motion for immediate effect was not supported by the two-thirds vote required by Article IV, Section 27 of the Michigan Constitution and House Rule 52. Moreover, the presiding officer refused to acknowledge and address timely points of order and appeals from numerous members of the House.
The People of Michigan, by adopting the Michigan Constitution of 1963, have imposed on this legislature a requirement that “[n]o act shall take effect until the expiration of 90 days from the end of the session at which it was passed.” Const. 1963, Art. IV, § 27. The Constitution further provides that “the legislature may give immediate effect to acts by a two-thirds vote of the members elected to and serving in each house.” The extraordinary vote requirement for immediate effect is a mandate, not a suggestion. The Members of this House and the presiding officer have a clear legal duty to adhere to this requirement.
Forty-six Members of this chamber timely requested a roll call vote of the ayes and nays on immediate effect, both orally and via a written petition submitted to the presiding officer and the Clerk of the House of Representatives. In addition, the petition gave notice to the presiding officer that each signatory intended to vote ‘no’ on the motion for immediate effect. I must note that the presiding officer’s refusal to recognize a proper request that the vote on immediate effect be taken by a roll call vote of the ayes and nays was a clear violation of Article 4, Section 18 of the Michigan Constitution and Rule 12. More importantly, with forty-six Members of this chamber having given notice of their intention to vote no on the immediate effect motion, it is evident that the motion lacked the required two-thirds vote. As such, the presiding officer’s declaration that the Initiative petition was granted immediate effect is a violation of both the Michigan Constitution and the Rules of this House.
The People of Michigan have clearly established a procedure that this House is to follow when taking legislative action. The presiding officer and this chamber failed to follow the required procedure today. I protest their wrongful action and this “vote” in the strongest possible terms.
The Clerk received the following dissent from Rep. Santana:
Pursuant to Rule 31, I hereby protest granting immediate effect to the initiative petition repealing 1965 PA 166, which requires prevailing wages and fringe benefits on state projects. Despite the presiding officer’s declaration to the contrary, it is without question that the motion for immediate effect was not supported by the two-thirds vote required by Article IV, Section 27 of the Michigan Constitution and House Rule 52.
The People of Michigan, by adopting the Michigan Constitution of 1963, have imposed on this legislature a requirement that “[n]o act shall take effect until the expiration of 90 days from the end of the session at which it was passed.” Const. 1963, Art. IV, § 27. The Constitution further provides that “the legislature may give immediate effect to acts by a two-thirds vote of the members elected to and serving in each house.” The extraordinary vote requirement for immediate effect is a mandate, not a suggestion. The Members of this House and the presiding officer have a clear legal duty to adhere to this requirement.
Forty-six Members of this chamber timely requested a roll call vote of the ayes and nays on immediate effect, both orally and via a written petition submitted to the presiding officer and the Clerk of the House of Representatives. In addition, the petition gave notice to the presiding officer that each signatory intended to vote ‘no’ on the motion for immediate effect. I must note that the presiding officer’s refusal to recognize a proper request that the vote on immediate effect be taken by a roll call vote of the ayes and nays was a clear violation of Article 4, Section 18 of the Michigan Constitution and Rule 12. More importantly, with forty-six Members of this chamber having given notice of their intention to vote no on the immediate effect motion, it is evident that the motion lacked the required two-thirds vote. As such, the presiding officer’s declaration that the Initiative petition was granted immediate effect is a violation of both the Michigan Constitution and the Rules of this House.
The People of Michigan have clearly established a procedure that this House is to follow when taking legislative action. The presiding officer and this chamber failed to follow the required procedure today. I protest their wrongful action and this “vote” in the strongest possible terms.
The Clerk received the following dissent from Rep. Neeley:
I protest the presiding officer’s violations of both the Rules of the House and the Michigan Constitution during the conduct of the vote on passing and approving immediate effect for the initiative petition repealing 1965 PA 166, which requires prevailing wages and fringe benefits on state projects. Despite the presiding officer’s declaration to the contrary, it is without question that the motion for immediate effect was not supported by the two-thirds vote required by Article IV, Section 27 of the Michigan Constitution and House Rule 52. Moreover, the presiding officer refused to acknowledge and address timely points of order and appeals from numerous members of the House.
The People of Michigan, by adopting the Michigan Constitution of 1963, have imposed on this legislature a requirement that “[n]o act shall take effect until the expiration of 90 days from the end of the session at which it was passed.” Const. 1963, Art. IV, § 27. The Constitution further provides that “the legislature may give immediate effect to acts by a two-thirds vote of the members elected to and serving in each house.” The extraordinary vote requirement for immediate effect is a mandate, not a suggestion. The Members of this House and the presiding officer have a clear legal duty to adhere to this requirement.
Forty-six Members of this chamber timely requested a roll call vote of the ayes and nays on immediate effect, both orally and via a written petition submitted to the presiding officer and the Clerk of the House of Representatives. In addition, the petition gave notice to the presiding officer that each signatory intended to vote ‘no’ on the motion for immediate effect. I must note that the presiding officer’s refusal to recognize a proper request that the vote on immediate effect be taken by a roll call vote of the ayes and nays was a clear violation of Article 4, Section 18 of the Michigan Constitution and Rule 12. More importantly, with forty-six Members of this chamber having given notice of their intention to vote no on the immediate effect motion, it is evident that the motion lacked the required two-thirds vote. As such, the presiding officer’s declaration that the Initiative petition was granted immediate effect is a violation of both the Michigan Constitution and the Rules of this House.
The People of Michigan have clearly established a procedure that this House is to follow when taking legislative action. The presiding officer and this chamber failed to follow the required.
______
Rep. Liberati moved that the House adjourn.
The motion prevailed, the time being 5:00 p.m.
Associate Speaker Pro Tempore Glenn declared the House adjourned until Thursday, June 7, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives
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2019
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